Agreement to Terms
By accessing or using the website located at www.olamigraine.com (the "Site"), you agree to be bound by these Terms of Use ("Terms"). These Terms apply to all visitors, patients, and other users of the Site. If you do not agree with any part of these Terms, you must not use this Site.
These Terms constitute a legally binding agreement between you and Ola Migraine Inc., a corporation doing business as Ola Migraine, Ola Migraine Honolulu and Ola Migraine Clinic (collectively, "Practice," "we,""us," or "our"). We reserve the right to update or modify these Terms at any time without prior notice. Continued use of the Site following any changes constitutes your acceptance of the revised Terms.
Not a Substitute for Professional Medical Advice
IMPORTANT: The information provided on this Site is intended for general informational and educational purposes only. It does not constitute medical advice, diagnosis, or treatment. Always seek the guidance of your physician or other qualified health professional with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you believe you may have a medical emergency, call your doctor or 911 immediately.
The use of any information provided on this Site is solely at your own risk. Ola Migraine Inc. expressly disclaims responsibility for any adverse effects that may result from the use or application of information on this Site.
Eligibility and Use of the Site
This Site is intended for use by individuals who are 18 years of age or older. By using this Site, you represent and warrant that:
- You are at least 18 years of age, or are accessing the Site under the supervision of a parent or legal guardian;
- You have the legal capacity to enter into these Terms;
- You will use the Site only for lawful purposes and in accordance with these Terms;
- All information you submit through the Site is accurate, current, and complete.
Patient Portal and Online Services
If you register for or use any patient portal, appointment scheduling, messaging, or other interactive features of this Site, you agree to:
- Maintain the confidentiality of your account credentials and not share them with any third party;
- Notify us immediately of any unauthorized access to your account;
- Accept responsibility for all activity that occurs under your account;
- Provide accurate and complete registration information; and
- Use the portal only for its intended purpose of communicating with our practice regarding your healthcare.
Patient portal messaging is not intended for urgent medical matters. For urgent or emergency situations, please call our office directly or go to the nearest emergency room.
Privacy and HIPAA Compliance
Ola Migraine Inc. is committed to protecting the privacy and security of your health information. Our collection, use, and disclosure of protected health information (PHI) is governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and our Notice of Privacy Practices, which is incorporated by reference into these Terms.
Please review our Privacy Policy and Notice of Privacy Practices, available at www.olamigraine.com/privacy, to understand how we collect, use, and protect your personal and health information.
By using this Site and submitting any personal or health information, you consent to the collection and use of your information as described in our Privacy Policy.
Intellectual Property
All content on this Site, including but not limited to text, graphics, logos, images, audio clips, videos, data compilations, and software, is the property of Ola Migraine Inc. or its content suppliers and is protected by applicable intellectual property laws.
You may access and use the Site for your personal, non-commercial use only. You may not:
- Reproduce, distribute, modify, or create derivative works of any Site content;
- Use any content for commercial purposes without prior written consent from us;
- Remove or alter any copyright, trademark, or other proprietary notices; or
- Use data mining, robots, or similar data-gathering tools on the Site.
Prohibited Activities
When using this Site, you agree not to:
- Violate any applicable federal, state, or local laws or regulations;
- Transmit any material that is defamatory, offensive, harassing, or otherwise objectionable;
- Upload or transmit viruses or any other malicious code;
- Attempt to gain unauthorized access to any portion of the Site or our systems;
- Interfere with the proper working of the Site;
- Collect or harvest personal information from the Site about other users;
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity; or
- Use the Site in any manner that could damage, disable, overburden, or impair it.
Third-Party Links and Resources
This Site may contain links to third-party websites, resources, or services that are not owned or controlled by Ola Migraine Inc. We provide these links for your convenience only and do not endorse or take responsibility for the content, privacy policies, or practices of anythird-party sites.
We encourage you to review the terms and privacy policies of any third-party sites you visit. Your use of third-party websites is at your own risk.
Analytics
This Site uses Fathom Analytics (usefathom.com) to collect anonymized, aggregate information about how visitors use our website. Fathom is a privacy-first analytics platform that does not use cookies, does not collect personally identifiable information, and does not track visitors across other websites.
The data collected through Fathom is used solely to understand how our website is being used and to improve the experience for patients and visitors. No Protected Health Information (PHI) is collected or transmitted through Fathom Analytics. No cookie consent banner is required for Fathom because no personal data is collected.
You may opt out of Fathom analytics by using a browser extension that blocks analytics scripts. Doing so will not affect your ability to use any part of this Site. For more information about Fathom's data practices, visit https://usefathom.com/legal/privacy.
Telehealth Services
To the extent that Ola Migraine Inc. offers telehealth or telemedicine services through this Site or linked platforms, those services are subject to additional terms and applicable state and federal telehealth regulations. Telehealth services are not available for all conditions and are not a replacement for in-person care when medically necessary.
By using any telehealth services, you acknowledge that you understand and accept the risks, benefits, and limitations of receiving healthcare through electronic communications.
Disclaimer of Warranties
THIS SITE AND ALL INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE"BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted,error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information on the Site.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OLAMIGRAINEMEDICAL PRACTICE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Ola Migraine Inc. and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses(including reasonable attorneys' fees) arising out of or in connection with:
- Your use of or access to the Site;
- Your violation of these Terms;
- Your violation of any third-party rights, including any intellectual property or privacy rights; or
- Any content you submit, post, or transmit through the Site.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordancewith the laws of the state in which Ola Migraine Inc. is licensed to operate,without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or your use of this Site shall first be submitted to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action or collective proceeding.
Accessibility
Ola Migraine Inc. is committed to ensuring that this Site is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience any difficulty accessing our Site, please contact us, and we will make reasonable efforts to accommodate your needs.
Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of this Site, with or without notice, for any reason, including, without limitation, if we believe you have violated these Terms. Upon termination, your right to use the Site immediately ceases.
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to sections on intellectual property, disclaimer of warranties, limitation of liability, and governing law.
Contact Information
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us at:
Ola Migraine Inc. (dba Ola Migraine, Ola Migraine Honolulu & Ola Migraine Clinic)
Website: www.olamigraine.com
Email: support@olamigraine.com
Phone: (808) 378-3753
By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
