These Terms of Service (“Terms”) set forth the terms and conditions governing the use of LUMISIGHT APPLICATION (the “Service”) by all users (individually referred to as the “user,” “you,” “your”). The Service is owned and operated by an affiliate of DataHouse Consulting, Inc. (“DataHouse”). DataHouse and First Hawaiian Bank (“FHB”) are collectively referred to herein as “we”, “us”, and “our.” Use of the Service constitutes acceptance of these Terms. If you do not agree to the Terms, you should not use the Service.

CHANGES: We reserve the right to change the Terms at any time and for any reason. Review the terms regularly. Your continued use of the Service following the posting of any revisions will mean you accept the revisions and will be legally bound by them.

1. Eligibility to Use

LUMISIGHT APPLICATION is a mobile app intended for use by employees of FHB only. Only employees of FHB should download, install and use this Service.

2. Intellectual Property Rights; License

The Service is the property of DataHouse, FHB and their affiliates and licensors, including all of its text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material. The Service is protected by copyrights, trademarks, trade secrets, patents, and/or other proprietary rights. DataHouse grants you a limited, non-exclusive, non-transferable, license to use the Service for your own personal or business purposes. You may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Service for any purpose. We reserve all intellectual property rights not expressly licensed under the Terms to us or our licensors.

3. Disclaimer of Warranties

The Service does not diagnose if you have COVID-19, provide medical advice or connect you to a health care provider. The Service relies on information provided by the user, which we do not independently verify. We assume no responsibility for how you use the Service or the information you obtain from the Service. While we attempt to use up-to-date information and CDC guidance, medical knowledge and CDC guidance as to COVID-19 changes frequently. The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of this Service. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU. You are solely responsible for any liabilities arising from the use or misuse of the information in the Service. Despite use of the Service and other preventative measures, you agree that we cannot and do not guarantee a COVID-19-free workplace or that you will not be infected by COVID-19. If you have questions about the information contained in or made available through the Service, please contact a health care professional. No physician-patient relationship is created by use of the Service.

4. Limitation of Liability

We shall not be liable for any damages or losses resulting from use of the Service by you. Further, we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any use of the Service or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Indemnification

You shall indemnify and hold us, our parents, subsidiaries, affiliates, officers, directors, employees, agents, and attorneys harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service.

6. The User’s Account

You shall receive a password and an account. You are responsible for the safekeeping and security of your password and for any and all activities that occur under your account, whether authorized or not authorized. You agree to notify us of any unauthorized use of your account or any other breach of security known to you.

7. Privacy Policy

Our Privacy Policy is available for review following the Welcome Screen of the LUMISIGHT APPLICATION.

8. Modifications and Interruption to the Service

We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any person should we exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Service and operation of the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

9. Third-Party Sites

The Service may include links to other websites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of or the content located on or through, any third-party website. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such sites. We have no control over any third-party websites.

10. Governing Law and Jurisdiction

Any disputes regarding the interpretation, application, or enforcement of the Terms or the Privacy Policy must be brought in the state or federal courts located in Honolulu, Hawaii, United States.

11. Copyright Information

We respect the intellectual property rights of others and require that the people who use the Service do the same. It is our policy to respond promptly to any claims that intellectual property rights are being violated via the Service. If you believe that a work that you own or have rights to has been copied and made accessible on the Service in violation of your rights, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) the identification of the copyrighted work at issue; (c) the identification of the material that is claimed to infringe the copyrighted work and information reasonably sufficient to permit us to locate the material, including the full URL; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 for this Service is:

DataHouse Consulting Inc.
Attn.: Compliance & Copyright Officer
1585 Kapiolani Blvd., Suite 1800
Honolulu, HI 96814

12. Other Terms

The Terms shall not create an agency, partnership, franchise, or joint venture relationship between us and any User. All notices made pursuant to the Terms must be delivered in person or by means evidenced by a delivery receipt to the principal business or permanent residence address of the party receiving the notice. You may not assign the Terms to any third party without our prior written consent. The Terms shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns. Any express waiver or failure by us to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision. We are not liable under the Terms for any breaches caused by events or conditions beyond our control. The Terms state the entire agreement between us and all users relating to this Service. The Terms may not be modified without the consent of the duly authorized representatives of DataHouse and FHB.