Terms and Conditions of Use

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Total Health Rewards reserves the right to make changes to this site and these terms and conditions at any time.

Section 1.
Use of Content.
Section 2. Company's Liability; Disclaimer of Consequential Damages.
Section 3. Subscriber Submissions.
Section 4. Order Acceptance.
Section 5. Termination of Usage.
Section 6. Use of Interactive Areas.
Section 7. Home Page.
Section 8. Links to Other Sites.
Section 9. Advertisements.
Section 10. Licenses.
Section 11. Indemnity.
Section 12. Export Control.
Section 13. General.
Section 14. Jurisdiction.
Section 15. Complete Agreement.

 

Section 1. Use of Content.

Upon acceptance of these Terms and Conditions, Total Health Rewards authorizes you to view or download a single copy of the material on this website solely for your personal, noncommercial use.

The contents of the totalhealthrewards.com Site, such as text, graphics, images and other material including software licensed by Total Health Rewards to permit Subscribers to access the Total Health Rewards Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Total Health Rewards.

For information obtained from Total Health Rewards's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

Content is subject to change without notice at the editorial discretion of Total Health Rewards. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Section 2. Company's Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Total Health Rewards makes no representations about the results to be obtained from using the Total Health Rewards Site or the Content. The use of the Total Health Rewards Site and the Content is at your own risk.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE Total Health Rewards SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF Total Health Rewards AND ITS SUPPLIERS. ACCORDINGLY, Total Health Rewards ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE Total Health Rewards SITE. IF YOUR USE OF THE Total Health Rewards SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, Total Health Rewards IS NOT RESPONSIBLE FOR THOSE COSTS.

THE Total Health Rewards SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Total Health Rewards, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Total Health Rewards, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE Total Health Rewards SITE, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE Total Health Rewards WEBSITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.

IN NO EVENT SHALL Total Health Rewards, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE Total Health Rewards WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE Total Health Rewards AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Total Health Rewards IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 3. Subscriber Submissions.

Except as described herein, any communication, which you post on the Total Health Rewards Site, is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant-or warrant that the owner of such Content has expressly granted Total Health Rewards a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

Section 4. Order Acceptance.

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Total Health Rewards reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Section 5. Termination of Usage.

Total Health Rewards, LLC. may terminate User access, or suspend any User's access to all or part of its sites and services, without notice, for any conduct that Total Health Rewards, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or Total Health Rewards.

Section 6. Use of Interactive Areas.

Total Health Rewards may provide Interactive Areas on the Total Health Rewards Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Total Health Rewards does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Total Health Rewards Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
  2. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Subscriber or any other person or entity as determined by Total Health Rewards at its sole discretion pursuant to this Section;
  4. Post advertisements or solicitations of business;
  5. After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
  6. Post chain letters or pyramid schemes;
  7. Impersonate another person;
  8. Allow any other person or entity to use your identification to post or view comments;
  9. Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
  10. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which, in the judgment of Total Health Rewards, exposes Total Health Rewards or any of its customer or suppliers to any liability of detriment of any type.

Total Health Rewards reserves the right to record the dialogue in public chat rooms. Total Health Rewards does not screen communications in advance and is not responsible for screening or monitoring material posted by Subscribers or any other person or entity. If notified by a Subscriber of communication(s) which are alleged not to conform to the terms of this Section, Total Health Rewards may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Total Health Rewards reserves the right to remove communications, which are abusive, illegal, disruptive, or that otherwise fail to conform to these Terms and Conditions. In addition to the removal rights described above, Total Health Rewards reserves the right to terminate a Subscriber's access to any or all-Interactive Areas upon Subscriber's breach of these Terms and Conditions. Total Health Rewards reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Total Health Rewards Site, or regardless of whether such communication(s) violate these standards for content.

Furthermore, Total Health Rewards reserves the right (but is not obligated) to monitor, edit, or disclose any type of communication(s) on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of Total Health Rewards, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Total Health Rewards or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. Total Health Rewards HAS NO LIABILITYOR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

Total Health Rewards does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.

Through your use of the Total Health Rewards Site's Interactive Areas, you are agreeing to all of the aforementioned terms and conditions contained herein governing the use of such Interactive Areas.

Section 7. Home Page.

Certain Service Packages may include Total Health Rewards's providing a customized template-designed home page ("Home Page"). If your Service Package includes a Home Page: i) during the term of the Service Agreement, Total Health Rewards shall provide you the Internet address, at which your Home Page may be accessed by Internet users; and ii) the presentation and arrangement of the textual, graphic, video and audio materials provided by you to Total Health Rewards in order to create your Home Page and all associated elements, including but not limited to, video and audio materials, coding and commandsets, and on-line screen displays (such as screen designs, format, text, hyperlinks, layouts, typesets, coloration and graphics), provided by Total Health Rewards or developed by you and Total Health Rewards (the "End-User Interface") and the URL are the exclusive property of Total Health Rewards which are available for your use only as provided in your Service Agreement and these Terms and Conditions. You warrant and guarantee that the materials and content provided by you to Total Health Rewards to create the End-User Interface do not violate the proprietary rights of any third party, and you agree to indemnify Total Health Rewards for any such violations or infringements.

Section 8. Links to Other Sites.

Total Health Rewards contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Total Health Rewards of the content on such third-party websites. Total Health Rewards is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use for such sites.

Section 9. Advertisements.

Total Health Rewards contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, Total Health Rewards does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on Total Health Rewards.

Section 10. Licenses.

You shall have no rights other than as a non-exclusive licensee under the terms of your Service Agreement to the proprietary software and related materials or documentation, or any enhancement or modifications thereto, that have been or will be provided to you in order for you to access or use any of the Services, including, but not limited to, email; financial and/or insurance information; your Home Page; medical research and resource information; and continuing medical education resources (collectively, "Software"). Your rights to the Content and Software are derived solely from Total Health Rewards, as owner or authorized user of the Content and Software.

All Software that is made available through Total Health Rewards or the Total Health Rewards Site is protected by copyright and may be protected by other rights. Your use of the Software is conditioned on your agreement to be bound by these Terms and Conditions.

Section 11. Indemnity.

You agree to defend, indemnify and hold Total Health Rewards, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software) and the Services in a manner that violates or is alleged to violate these Terms and Conditions. Total Health Rewards shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Section 12. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).

Section 13. General.

Total Health Rewards is based in Parsippany, New Jersey, in the United States of America. Total Health Rewards makes no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Total Health Rewards Site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.

Section 14. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Total Health Rewards, or in any way relating to use of the Total Health Rewards Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Total Health Rewards or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 15. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE Total Health Rewards WEBSITE, OR IN THE SERVICE AGREEMENT, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE Total Health Rewards SITE, SERVICES, AND CONTENT.

Thank you for your cooperation. We hope you find the Total Health Rewards Site helpful and convenient to use. Questions or comments regarding this Site should be directed by electronic mail to info@totalhealthrewards.com.