Terms and Conditions

Welcome to the Member Plus Discount Program website, www.himemberplus.com, and its applications (collectively, the “Site”). This Site is owned and operated by Hawaii-Western Management Group, Inc. (“Company”, “we”, “us”, or “our”), the third-party administrator and local provider network for Hawaii Medical Assurance Association (“HMAA”) and other clients.

The following terms and conditions govern (i) access to and use of the Site, including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user; and (ii) member and merchant participation in the Member Plus Discount Program (“Program”). It is the qualified members’ and merchants’ responsibility to read, understand and follow the terms and conditions of the Program. Changes to the Program may occur at any time and without prior notification. By using the Site, you accept and agree to be bound and abide by these Terms and Conditions regardless of whether you are a qualified member or merchant. If you do not want to agree to these Terms and Conditions, you must not access or use the Site. You are responsible for monitoring the Site for changes and verifying discounts with participating merchants prior to receiving such products or services (“Merchant Products”) through the Program.

These Terms and Conditions were last updated on June 18, 2018.

  1. As a condition of your use and access of this Site, the user (herein “you”) accepts and agrees that:
    • You will comply to these Terms and Conditions without limitation or qualification;
    • You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
    • You will not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
    • You will not use any device, software, or routine that interferes with the proper working of the Site or introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
    • You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, database connected to the Site;
    • You will not modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without our prior written permission; and
    • You will not otherwise attempt to interfere with the proper working of the Site.
  2. We reserve the right to investigate any illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized framing of the Site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.
  3. We reserve the right to withdraw or amend this Site, and any service or material we provide on this Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
  1. The Company has agreements with various entities, which we call our “participating merchants”, to provide the Merchant Products offered in connection with the Program.
  2. The Program is only available to health plan members with active coverage under HMAA or self-funded plans administered by HWMG. Qualified members may be required to provide proof of coverage upon request by a participating merchant prior to receiving Merchant Products.
  3. Although your health plan may notify you when changes are made to the Program or its Terms and Conditions, you should periodically review this Site to obtain current Program information and verify discounts with participating merchants.
  1. We reserve the right to change the following at any time in our sole discretion, without notice, and without liability. All changes are effective immediately when we post them and apply to all access to and use of the Site and Program thereafter.
    • Terms and Conditions of the Program
    • Eligibility requirements for qualified members and merchants
  2. Participating merchants are subject to change at any time and reserve the right to change their Merchant Products offered in the Program. The Merchant Products offered in the program may not be valid with other offers.
  3. You are expected to check this page each time you access this Site so you are aware of any changes. Please periodically review the Terms and Conditions because your continued usage of the Site means that you accept those changes.
  1. The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, displays, images, video, and audio, that are owned by the Company, HMAA, our affiliates, Merchants, or other content providers of such material and are protected by copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws under both United States and foreign laws. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property or proprietary rights laws. All names, logos, product and service names, designs and slogans on the Site are trademarks of their respective owners.
  2. Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Site should be promptly sent in the form of written communication to the Company. All claims must include the following information:
  • A physical or electronic signature of the owner of an exclusive right that is allegedly infringed (“Complaining Party”) or a person authorized to act on behalf of the owner;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the Complaining Party has 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site contains links to third-party websites. These links are neither owned nor maintained by the Company. These links are provided solely as a convenience to you and not as an endorsement or recommendation of the content on such third-party websites or as an indication of any sponsorship or endorsement of or by such third-party websites. We are not responsible for the content, security, and/or accuracy of any information contained in the linked third-party sites and do not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. Your use of third-party websites is subject to the terms of use for such sites. If you decide to access linked third-party websites, you do so at your own risk.

Although we endeavor to warn users when they click on a link to a third-party website, we do not guarantee that you will receive such an alert. It is your responsibility to determine when you have left this Site.

If any clause or provision set forth in these Terms and Conditions is determined to be illegal, invalid, or unenforceable under present or future law, then, in that event, the clause or provision so determined to be illegal, invalid, or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions, which will continue in full force and effect.

The Conditions constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

The Company, its Site, and its Program are based in the state of Hawaii in the United States. The application of these provisions, disclosures, and disclaimers and all other matters arising from your use of this Site or of any information you obtain from us shall be governed by the laws of the state of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the state of Hawaii or any other jurisdiction). Any claims, disputes, or other controversies relating to or arising from these provisions, disclosures, and disclaimers or from your use of this Site or any information you receive from the Site shall be brought exclusively in the Circuit Court of the First Circuit, State of Hawaii or the United States District Court for the District of Hawaii, and you hereby expressly consent and waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The information presented on or through the Site is made available solely for general information

purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any

reliance you place on such information is strictly at your own risk. We disclaim all liability and

responsibility arising from any reliance placed on such materials by you or any other visitor to the

Site, or by anyone who may be informed of any of its contents.

The Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY SITE LINKED TO IT.

FURTHER, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, HMAA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGE OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, THE PROGRAM, OR ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PROGRAM IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PROGRAM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.