PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE.

Right to Use

By accessing any part of the Vaccination Services of America, Inc. d/b/a TotalWellness web site, including without limitation the following domains www.totalwellnesshealth.com and private domains associated with TotalWellness.  (collectively, the “Site”), you acknowledge that we have authorized you to access the Site and you agree to be bound by these Terms and Conditions, as may be amended from time to time (the “Terms and Conditions”).

Restrictions On Use of The Site and Its Contents

The Site is owned and operated by Vaccination Services of America, Inc., a Nebraska corporation (“TotalWellness”). All information, documents and content appearing on the Site, including without limitation the text, site design, logos, graphics, icons and images, trademarks and service marks, and copyrighted material, as well as the selection, assembly and arrangement thereof, are our sole property or are property that we are authorized to use and allow you to use as set forth herein. You agree to use the information, documents and content of the Site only for your use as our licensee and for no other purpose.

Modifications to Terms and Conditions, License Agreement or the Site

We reserve the right, at any time, without notice, to modify, alter, update or remove portions of the Terms and Conditions or the Site without liability to you or any third party. Please check the Terms and Conditions from time to time as your continued use of the Site signifies your acceptance of any changes, additions or deletions.

Rules of Conduct

By posting or providing information via any interactive service that may be available to you on or through the Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content, including without limitation text, communications, software, images, sounds, data or other information, that:

1.     is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates the Terms and Conditions;

2.     victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

3.     infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of ours or any third party;

4.     constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;

5.     contains software viruses or any other computer code, files or programs that are designed or intended to, or actually do, disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

6.     impersonates any person or entity, including any employee or representative of us.

You agree that you will not misuse or abuse account access and passwords, and that you are solely responsible for all conduct and transmissions that take place under your account access and passwords.

Disclaimers

While we endeavor to provide the most accurate, up-to-date information available, the documents, content and information contained on the Site may, at times, contain technical inaccuracies, typographical errors, and other errors or mistakes and may be changed or updated without notice. We cannot guarantee or warrant that the content or other information provided through the Site will be accurate or up-to-date or that the procedure for purchasing products and/or services will operate correctly. In the event any service or product is listed at an incorrect price or is not actually available due to incorrect supplier information or other error, we shall have the right to refuse or cancel orders placed for the products or services listed at the incorrect price or actually unavailable, regardless of whether your credit card has been charged and the order has been confirmed. Information on price and availability is subject to change without notice. We are not responsible for any service interruptions on the Site or its availability to you.

THE SITE AND THE INFORMATION, CONTENT AND DOCUMENTS ON THE SITE ARE PROVIDED BY US ON AN “AS-IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE SITE AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES WITH REGARDS THERETO. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT, INFORMATION AND DOCUMENTS FOUND ON THE SITE. you acknowledge that any reliance on any such CONTENT, information AND documents shall be at your sole risk.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE, AND THE INFORMATION, CONTENT, AND DOCUMENTS INCLUDED ON THE SITE AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO TITLE OR OWNERSHIP OF THE CONTENT, INFORMATION AND DOCUMENTS ON THE SITE.

TOTALWELLNESS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE TOTALWELLNESS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, TOTALWELLNESS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Limitation of Liability and Indemnity

WHILE TOTALWELLNESS ATTEMPTS TO INCLUDE ACCURATE AND COMPLETE CONTENT IN THE SITE CONTENT AND ERROR-FREE SOFTWARE, OCCASIONAL ERRORS OR OMISSIONS MAY OCCUR IN THE SITE CONTENT. TOTALWELLNESS WILL MAKE REASONABLE EFFORTS TO CORRECT THESE ERRORS OR OMISSIONS. NEVERTHELESS, TOTALWELLNESS CAN MAKE ANY REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED OR THE ERROR-FREE NATURE OF THE SOFTWARE PROVIDED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS LICENSE AGREEMENT, THE LICENSED PRODUCTS ARE PROVIDED TO THE CUSTOMER AND USERS “AS IS.” TOTALWELLNESS AND SUPPLIERS OF CONTENT AND SOFTWARE FOR THE LICENSED PRODUCTS MAKE NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. TOTALWELLNESS, ITS LICENSORS, AND SUPPLIERS OF CONTENT AND SOFTWARE FOR THE LICENSED PRODUCTS DO NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE LICENSED PRODUCTS OR THE INFORMATION THEY CONTAIN OR THE METHOD OF DELIVERING THAT INFORMATION TO USERS.

TOTALWELLNESS, AND SUPPLIERS OF CONTENT AND SOFTWARE FOR THE SITE CONTENT DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM ANY SITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS ON THE SITE, (C) THE UNAVAILABILITY OF THE SITE, (D) ANY USE OF THE SITE, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE OR IN ANY CUSTOMER SUPPORT INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TOTALWELLNESS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE OF THE SITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS LICENSE AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN NOTIFIED OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OCCURRING.

IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST TOTALWELLNESS MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TOTALWELLNESS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS AND LOSSES ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOTALWELLNESS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TOTALWELLNESS FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links

The Site may contain links to other Web sites on the Site that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement of the link or site, nor are we responsible for the content of any linked site. Links do not imply that we are affiliated with or associated with, or that we are legally authorized to use, any trademark, or copyright or other propriety rights displayed in or accessible through the links, or that any linked Web site is authorized to use any trademark, trade name, logo or copyright symbol of ours. You access linked Web sites at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements or programs.

All links to the Site must be approved in writing by us, except that we consent to links which only:  (1) link via a text only link containing the name TotalWellness; (2) the link points only to www.totalwellnesshealth.com and not to deeper pages; (3) the link, when activated by a user, displays that page as a full-screen in a fully operable and navigable browser window and not within a “frame” on the linked Web site; and (4) the link and associated information must not create the appearance of any affiliation between us and the Web site offering the link to the Site.

Third-Party Content

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. TotalWellness does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. TotalWellness provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply TotalWellness’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. TotalWellness accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products or purchase or use of services through the Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of the Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any person being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could subject you to criminal or civil penalties.

Collection of Information; Privacy

TotalWellness will gather the Protected Health Information you voluntarily provide in My Profile, the Health Assessment, and in other interactive features within the Site, and will use such Protected Health Information to communicate with you and to personalize your online experience with the Site. Protected Health Information may include sensitive information relating to diseases, psychological or psychiatric treatment, behavioral or mental health services or alcohol abuse. TotalWellness will keep confidential any Protected Health Information you provide as outlined in our Notice of Privacy Practices.

While you decide what Protected Health Information to provide, if you choose to not provide certain information, or if you do not consent to the disclosure of Protected Health Information when requested, it may limit access to some features of the Site. The Site provides a means for each person registering to correct, update or delete Protected Health Information that you have previously entered.

The Site makes use of various technologies to collect information about types and versions of internet browsers used when accessing our Site. This information, and information about internet IP addresses, as well as date and time web pages are visited are stored in various security and traffic logs. Our service provider reviews these logs, using statistical analysis, in an effort to track and predict traffic patterns and estimate resource needs. Unless we are tracking down a technical problem or we suspect either fraudulent behavior or illegal conduct we do not trace specific user sessions.

We may partner with other third parties to provide various products and services. When you sign up for these services or products we will share required personal information that is necessary for the third party to provide the product or service to you. We take reasonable steps to ensure that these third parties are obligated to protect your information on our behalf. It is also against our policy to sell or trade information collected online without consumer consent. We may, however, release personal information if we are legally required to do so. If we are legally compelled to release information to a third party, TotalWellness, may or may not notify you of this release. Notification will be at the discretion of TotalWellness and will be based on the nature and conditions surrounding the release of information.

Our Site is targeted to adults and is not meant to attract children. We do not intend to collect personal information from anyone we know to be under thirteen years of age. If you are the parent or guardian of a child under thirteen years of age and believe that your child has disclosed personally identifiable health information to us, please contact us so that we may remove the child’s information.

Our Site uses cookies, session identifiers and browser detection technology to provide consumers with a more pleasant online experience. Many browsers provide consumers with the ability to disable some or all of these technologies. Disabling them may prevent you from viewing some web pages. Note that the cookies we use do not place any personally identifiable information on your computer.

Your information and our content are transmitted in encrypted format, and are stored on secure servers that are protected in controlled facilities. We require our employees and data professionals contractually to maintain the confidentiality of any Protected Health Information we hold. We use security technologies that are industry standard, including passwords, authentication, physical security, firewalls and anti-virus software

International Use

The Site is controlled, operated and administered by us from our offices within the United State of America. We make no representation that the information, content and documents on the Site are appropriate or available for use at locations outside of the United States and access to the information, content and documents on the Site from territories where their contents are illegal is prohibited. You may not use the Site or export the information, content and documents on the Site in violation of U.S. export laws and regulations.

Termination of Usage

We may terminate or suspend your access to all or part of the Site, without notice, if you are in breach of your franchise agreement or for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any applicable law or the Terms and Conditions. We may charge a fee to reinstate your use.

Applicable Law

We control the Site from our offices within the State of Nebraska, United States of America. The laws applicable to the interpretation of the Terms and Conditions shall be the laws of the State of Nebraska, USA, without regard to any conflict of law provisions. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Disputes

You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the state or federal courts of Douglas County, Nebraska, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to the Terms and Conditions or the Site may be brought by either party more than one year after the cause of action has accrued.

Notices

“TotalWellness” are our trademarks and/or service marks. All such trademarks, trade names and service marks are proprietary to us, and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us, without our written permission. All other trademarks, product names and company names and logos are the property of their respective owners.

How to Contact Us

Please feel free to contact us to resolve a complaint regarding any aspect of service relating to the Site.
Please direct all technology and general web site related questions and concerns to:

1-888-434-4258