If you have concerns about any medical condition, diagnosis, or treatment, please make an appointment with a licensed healthcare professional.
Policies and Procedures
Welcome to Vishoka Wellness, LLC (“Vishoka Wellness,” “we,” “us,” “our”)! Vishoka Wellness offers both in-person and remote classes for individuals and groups looking to improve their health through exercise, breathing techniques, stress management, meditation, mindfulness techniques, yoga, sleep hygiene, dosha evaluation, and gut health recommendations/nutrition; as part of these offerings, we also provide additional wellness programs covering various wellness-related topics (collectively, “Wellness Services”). We are passionate about helping our clients live a healthy lifestyle through our various Wellness Service offerings.
Please carefully review this document as it sets forth the terms of our relationship while receiving Wellness Services. If you agree to these terms, sign, and date below.
Wellness is not Physical Therapy
Although our principal is a licensed physical therapist, Wellness Services are neither physical therapy nor any licensed service. This means that our work together does not create a provider-patient relationship between you and us. Wellness Services, including related techniques, poses, postures, routines, recommendations and exercises, may not be appropriate for everyone. If you have concerns about a medical condition, please schedule an appointment with us or another medical provider. Wellness Services are not a substitute for medical advice. Wellness Services do not include “a form of health care that prevents, identifies, corrects, or alleviates acute or prolonged movement dysfunction or pain of anatomic or physiologic origin.”
Communications Policy
By providing us with your contact information, or by initiating communication with us through email or phone, you authorize us to email, call, leave voicemails, and send text messages using that information. We will use this information for non-marketing purposes, including reminders, invoicing updates, and to address questions. You further understand and agree that communicating with us by unencrypted emails and text messages may not be secure.
Payment and Cancellation Policy
All sessions, workshops, classes are prepaid, meaning payment is due before your class time. We do not reimburse you for sessions that you miss or cancel.
We accept credit and debit cards. We do not accept insurance as Wellness Services are generally not covered by insurance. Thus, we do not guarantee that your insurance will cover any portion of our services or provide you with any reimbursement. You are solely responsible for all fees.
We do not offer makeup sessions for any of our programs, classes/sessions and workshops. Please read FAQ section on our website to find out more about our makeup session policy.
Regarding online services, just like with an in-person session, we have reserved a time for you. If you need to cancel or reschedule your Wellness Services session, please contact us during business hours and at least 24 hours prior to your scheduled appointment. For Monday classes, we ask that you cancel by 12:00 p.m. on the previous Friday so we can offer that time to another client. If you fail to attend a class, we do not offer makeup sessions.
Other Policies
Substance Abuse and Sobriety. We will not provide Wellness Services if you are under the influence of recreational drugs or alcohol during our sessions. If you come to a session under the influence of recreational drugs or alcohol, we will conclude the individual session or demand you leave the group class. We may also evaluate the feasibility of continuing our work together.
Class Observation. Other parents, guardians, or third parties will NOT be able to watch a wellness class or session due to the physical limitations of the space where services are provided. We are happy to clarify the current class observation policy at any time.
Child Abuse. Texas law requires us to report all child abuse to local law enforcement or the Texas Department of Family Protective Services Child Protective Services (CPS) division. I must call CPS if I have reasonable cause to believe that a child who is known to me may be abused or neglected. It is my policy to notify a legal guardian prior to making a report if, in my professional judgment, it is reasonable to do so.
Indemnification and Assumption of Risk
As a condition for receiving Wellness Services, you agree to indemnify us against all claims, liabilities, losses, damages, suits, costs, and expenses (including reasonable attorney’s fees) to the greatest extent permitted by law and as they relate to your failure to follow our instructions, communicate to us about any problems you encounter during our services, or update us about changes to your health, and you agree to assume all risk of property damage, injury, or death associated with such failures.
No Warranty
Although we aim to provide valuable and correct guidance, we make no warranty as to the effectiveness of our Wellness Services for you. Further, we believe the information we provide is accurate. However, we cannot guarantee such accuracy as we are not the originators of the underlying data used in the interpretation. Accordingly, we disclaim all liability to any party for any direct, indirect, implied, punitive, special, incidental, or other consequential damages arising directly or indirectly from our Wellness Services. Wellness Services are provided as-is, without additional warranty.
Disclaimer
Vishoka Wellness, LLC (“we,” “our,” or “us”) owns the original educational materials presented as part of this wellness program, which includes all sessions, recommendations, worksheets, workshops or any program with us. Your activities, communications, and involvement with this wellness program do not create a provider-patient relationship between you and us, and they do not create any duty for us to follow up with you. We reserve the right to process, retain, and monitor all in-person and electronic communications, including personally identifiable information related to this wellness program. Private messages, reactions to content, and comments about the program and the material may all be retained in a manner of our choosing.
The information provided as part of this wellness program is for educational and informational purposes only. It is not medical advice, physical therapy advice, or any other licensed healthcare advice. While this wellness program will touch on health and wellness-related concepts, the materials do not replace the advice of a licensed healthcare provider who is familiar with your personal medical history. If you have individualized health concerns or questions about diagnosis or treatments, please contact your healthcare provider.
In a medical emergency, call 911. If you have questions about our services, please contact us directly.
Summary of Remote Wellness Services
Privacy and Security of Remote Technology
Remote technology platforms incorporate network and software security protocols to protect your confidentiality. Consistent with privacy laws, our technology includes safeguards intended to secure and ensure the integrity of client information.
We utilize technology that: (i) complies with the relevant safety laws, rules, regulations, and codes for technology and technical safety for devices that interact with clients; and (ii) offers sufficient quality, size, resolution, and clarity such that we believe we can safely and effectively provide Wellness Services through a remote platform. Although you are not receiving medical care nor physical therapy services from us, we work to comply with applicable state and federal laws, which may still require us to protect the confidentiality and privacy of certain medical and personal information. We have implemented policies to ensure our compliance with these requirements.
Benefits, Risks, and Alternatives
We strive to explain the benefits, risks, and alternatives to you about Wellness Services being delivered remotely.
Benefits. Technology platforms can facilitate high-quality Wellness Services in a convenient and effective manner.
Risks. The risks may include, but are not limited to, the following: (i) information transmitted may not be sufficient (for example, poor resolution of images); (ii) technical deficiencies or failures; and (iii) your information could be accessed or intercepted by an unauthorized person.
Alternatives. You can choose not to receive or halt Wellness Services delivered via our remote platform.
Agreement and Informed Consent
Your signature (or e-signature) below confirms your understanding of an agreement to the below statements:
- Agreement to Terms: You have read and you understand this entire document and agree to be bound by each and every part, have truthfully and to the best of your knowledge provided the information requested, and agree to update us of any changes to your health. You are responsible for your own health risks and concerns that may be affected by our service offerings.
- Credit Card Authorization: When you pay for Wellness Services, you hereby authorize your credit card to be charged for such services.
- Recording: As a condition of participation in the Wellness Services, you warrant and guarantee that you will not record, capture, screenshot, or otherwise engage in any electronic motion picture or photographic acquisition of the Wellness Services, which includes the wellness program and presentations we offer. For in-person services, as a condition of participation in the Wellness Services, you warrant and guarantee that you will not record, capture, otherwise engage in any electronic motion picture or photographic acquisition of the Wellness Services, which includes the wellness programs, any in-person class, workshops and presentations we offer.
- Remote Technology: To receive our Wellness Services, you may be required to agree to another platform’s terms and conditions of use and informed consent for the use of those technologies as part of our wellness program offerings and remote classes.
- Informed Consent: Before you can receive Wellness Services, you must acknowledge and agree that:
- You understand that Wellness Services, classes, workshops, which includes the wellness program materials, are not medical services and are not intended to diagnose, cure, or treat any illness;
- Wellness Services are generally not covered by insurance; you are responsible for payment;
- You assume all risks of Wellness Services; and
- You agree to indemnify us for any loss, damage, or injury incurred during the course of receiving Wellness Services to the extent permitted under the law.
Website Terms and Conditions
1. Vishoka Wellness Website Terms and Conditions of use
Welcome to the Vishoka Wellness website (“Website”).
Although the Website does provide resources and access to information from a person licensed to render professional services, the content and information on this Website does not itself constitute any licensed services, physical therapy advice, or medical advice– it is for educational purposes only.
By using this Website, you demonstrate your agreement to be bound by these Website Terms and Conditions of Use (“Terms & Conditions”) and our Website Privacy Policy (“Privacy Policy”).
Vishoka Wellness, LLC, a Texas limited liability company (collectively, “Vishoka Wellness”), owns and manages this Website. You may only use the Website if you can form a binding contract with us, and only if you comply with these Terms & Conditions and all applicable local, state, national, and international laws, rules, and regulations.
We may alter these Terms & Conditions without notice, and your continued use of the Website signifies that you agree to be bound by any future changes. You are encouraged to review these Terms & Conditions at regular intervals to monitor for updates. If you disagree, you should not use our Website.
Please read these Terms & Conditions carefully.
2. Your access to this Website is governed by these Terms & Conditions.
These Terms & Conditions govern your access to, and use of this Website and any content provided to you on, from, or through our Website, our software, and any applications created by Vishoka Wellness, whether through a social networking site, wellness programs, or our subsidiaries or affiliated companies. This content is collectively encompassed by references to the Website throughout these Terms & Conditions.
3. Services and Features Accessible through the Website.
The Website may have services and features facilitating the coordination of other services. If you wish to utilize such services and features, you may be required to agree to our other agreements (sometimes called a “EULA,” which stands for end-user licensing agreement).
4. Our information collection, use, and disclosure.
Our Website offers educational and informational resources. By using this Website, you agree to allow Vishoka Wellness to collect, use, and disclose your information under the terms provided in the Privacy Policy.
5. This Website does not constitute the formation of a provider-patient relationship and does not provide medical or physical therapy advice.
This Website’s content is provided only for informational and educational purposes. The Website’s Content is defined as: text, images, videos, and blogs; content displayed on Vishoka Wellness’s social media; information obtained from Vishoka Wellness’s licensors or third parties; logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections, and other materials you may view on, access through, or contribute to this Website (collectively referenced as the “Content” throughout).
Vishoka Wellness’s conduct on this Website does not constitute the practice of physical therapy, medicine, or any other licensed service. The Website is offered only for educational purposes, based upon our proficiency in, knowledge of, and experience with the topics provided. The Content of the Website does not constitute medical advice and is not intended to be a substitute for professional medical or physical therapy advice, diagnosis, or treatment.
If you have concerns about any medical condition, diagnosis, or treatment, please make an appointment directly with a licensed physician or another healthcare provider. In an emergency, call 911. Vishoka Wellness’s Website should not be utilized to replace current or future medical advice, physical therapy advice, diagnosis, or treatment.
You acknowledge that visiting Vishoka Wellness’s Website does not create a provider-patient relationship between you and Vishoka Wellness or any of our providers. Your visit to this Website does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment. You acknowledge that you will consult your healthcare provider before considering any of Vishoka Wellness’s services.
6. Do not share protected health information via this Website.
We take the privacy and confidentiality of our visitors seriously. Please read our Privacy Policy.
Because we do not store or transmit protected health information (“PHI”) through this Website, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).
This means: Unless expressly directed to do so and through a secure HIPAA portal, do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. Vishoka Wellness accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website or its Content. If you violate these Terms & Conditions and share PHI through this Website regardless, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Website.
Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this Website, you agree to indemnify Vishoka Wellness against any damages, losses, liabilities, judgments, costs, or expenses, including reasonable attorney fees and costs, that arise from your use, provision, transmission, storage, or disclosure of PHI.
You are strongly urged to not share PHI through our Website or on our social media unless you do so through a specifically designated HIPAA-compliant and encrypted portal.
7. Your permitted uses of our Website Content.
Unless otherwise expressly stated, Vishoka Wellness (or its licensors) owns the entirety of the Content on this Website. The Content is protected by United States, state, and worldwide copyright laws and treaty provisions.
A. Our grant of limited personal license to you.
Vishoka Wellness hereby grants you a limited, personal, nonexclusive, and nontransferable license to use and display the Content so long as you comply with these Terms & Conditions, and you do not modify, delete, or change any copyright, trademark, or other proprietary notice. Your conduct related to Vishoka Wellness’s Content is subject to our Terms & Conditions and our Privacy Policy.
Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, logos, or intellectual property, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.
Vishoka Wellness reserves all rights not expressly granted.
8. Rules governing your conduct while visiting this Website.
Vishoka Wellness has the right, but not the obligation, to monitor all conduct on this Website. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service.
You will not use this Website or its Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, laws, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Website; or to collect or track the personal information of others. We reserve the right to terminate your use of the Website for engaging in such conduct.
9. This Website does not collect information about minors.
If we determine that a visitor is under eighteen, we do not collect personally identifiable information about them. If we inadvertently or accidentally encounter personally identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.
10. Disclaimer of liability and statement of no warranty.
the information on our website IS PROVIDED on an “AS IS” basis. VISHOKA WELLNESS MAKEs NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES, CONCERNING THE CONTENT, or OTHERWISE REGARDING THIS website OR ANY WEBSITE LINKED THROUGH this website.
TO THE FULLEST EXTENT PERMITTED by LAW, VISHOKA WELLNESS DISCLAIMS ALL express or implied WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
VISHOKA WELLNESS does not warrant THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OF ANY website linked through this website.
By using this Website, you demonstrate that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this Website, and we reserve the right to correct any errors or inaccuracies at any time without prior notice. Vishoka Wellness is not responsible for any errors or omissions in the information provided.
A. We are not responsible for any Website visitors’ damages.
By using this Website, you agree that Vishoka Wellness is not responsible to you or others for any loss or damage that results from your use (or non-use) of this Website or any linked third party’s website. These potential losses or damages include, but are not limited to direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website.
Vishoka Wellness is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Vishoka Wellness is to stop using this Website. Without limiting the preceding paragraphs, you expressly release Vishoka Wellness from any responsibility and liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.
11. Information that you provide via this Website.
A. Our right to monitor activity on our Website.
We have the right, but not the duty, to monitor your use of this Website, including any information you provide through it. You are responsible for the information that you send, submit, or provide through our Website. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically, or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.
We may or may not affirmatively monitor the information provided through this Website, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and take legal action against you.
B. Your consent to electronic communications.
If you provide Vishoka Wellness with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements.
Any information you provide to Vishoka Wellness or by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. Please do not transmit any sensitive or confidential information to us via email if you have confidentiality concerns.
12. Links to third-party Websites.
This Website may occasionally provide links to third-party websites. By clicking on these links, you agree that we cannot control the information presented on such third-party websites and are thus not responsible if you choose to follow those links. Although we may use third-party websites to provide our services, such websites are not maintained by, nor are they related to, Vishoka Wellness.
By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by Vishoka Wellness or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party website.
Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party. Vishoka Wellness is not responsible for these claims.
A. Third-party websites may link to this Website.
Vishoka Wellness hereby grants third-party websites the limited right to link to its Website. This limited license does not permit third-party websites to use “framing” technology to capture Vishoka Wellness’s Content, and it does not permit any activity that could create a misimpression or confusion among users concerning sponsorship or affiliation. If your website provides a link to this Website, please notify Vishoka Wellness within 72 hours of placing such link. You agree to remove the link and any reference to Vishoka Wellness if we make such a request, and you agree to comply with such requests within 24 hours.
13. Do not submit ideas, suggestions, or other Creative Material.
Do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Creative Material”), unless we ask you to do so. If you violate these Terms & Conditions, any Creative Material you send to us will become Vishoka Wellness’s property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.
If you send Creative Material to Vishoka Wellness, you agree: that you waive your rights to the Creative Material; that the Creative Material is original to you; that you have the right to submit the Creative Material to us; and that you have no recourse against Vishoka Wellness for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material. We are not obligated to maintain the confidence of any Creative Material. Vishoka Wellness further disclaims any liability that may result from its disclosure of any Creative Material submitted in violation of its policy.
You further agree not to: send us any Creative Material that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; send us an unreasonably large amount of Creative Material that overloads or burdens our servers, or otherwise interferes with or inhibits any other user from using or enjoying this Website; send us any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and impersonate another person or allow any other person or entity to use your identity while interacting on Vishoka Wellness’s social media, as defined in its Privacy Policy.
14. Your agreement to indemnify Vishoka Wellness.
You agree to indemnify Vishoka Wellness against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims related to your use of this Website.
15. Our operation of this Website.
We make all reasonable efforts to keep this Website operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our Website’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property might be necessitated by your use.
16. Online privacy and Communications.
A. Compliance with online communications privacy laws.
We strive to comply with all applicable laws concerning online communications privacy. However, your use of this Website signifies your acknowledgment that the internet is neither more nor less secure than other communications media, including mail, fax, and telephone services, all of which can be intercepted or otherwise compromised.
We encourage you to assume that all internet communications may be non-secure and exercise caution when sharing information about your health.
To learn more about how we maintain the privacy and security of our Website visitors, please read the Privacy Policy.
17. Our proprietary rights to this Website.
A. Copyright and trademark protections.
This Website’s Content is protected by applicable copyrights, trademarks, service marks, patents, or other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms & Conditions is prohibited.
B. No reproduction of this Website’s Content.
Reproduction, replication, or redistribution of any of the Content for commercial purposes is prohibited.
18. Disclaimer for visitors’ health or injuries.
A. Waiver of claims against Vishoka Wellness.
You understand that Vishoka Wellness is not responsible for any injuries that you sustain through its Content. You expressly waive any claim for any injury at any time against Vishoka Wellness or any person or entity involved with Vishoka Wellness, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
B. No warranty or guarantee of outcome.
Vishoka Wellness works to provide accurate information on this Website. However, we may include testimonials and examples on this Website from persons whose health and wellness concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program. Your results will depend upon your background, effort, overall health, medical history, providers, and many other factors beyond the scope contemplated by this Website.
Vishoka Wellness DOES NOT guarantee or warranty that you will have any specific result.
19. Intellectual property infringement.
Vishoka Wellness respects intellectual property rights. If you believe that information on our Website constitutes a copyright or trademark infringement, please provide us with the following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Under a valid DMCA takedown notice, Vishoka Wellness will notify you if we have removed copyright-protected material.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
20. No assignment of Terms & Conditions.
Vishoka Wellness may assign or transfer these Terms & Conditions or licenses without notice. However, they are not transferable by you to others.
21. Enforcement of Terms & Conditions.
A. Conflicts governed by Texas law.
Any adversarial proceedings which arise out of these Terms & Conditions will be governed by the laws of the State of Texas without giving effect to its principles of conflicts of law. If a Website visitor takes legal action against us relating to these Terms & Conditions, our Privacy Policy, or that visitor’s interactions with or relationship to Vishoka Wellness, that visitor agrees to file such action only in the state and federal courts located in the State of Texas in Collin County.
B. Treatment of unenforceable provisions.
By using this Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms & Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
C. Validity of waivers of these Terms & Conditions.
Any waiver of these Terms & Conditions or our Privacy Policy is valid only if it is in writing and signed by a principal of Vishoka Wellness. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
D. Entirety of the agreement between visitors and Vishoka Wellness.
These Terms & Conditions and our Privacy Policy constitute the entire agreement between you and Vishoka Wellness relating to this Website. However, they do not create any relationship between you and Vishoka Wellness beyond what is contemplated in these policies.
E. Amendments & modifications to these Terms & Conditions.
Vishoka Wellness may amend or update the Website, these Terms & Conditions, or its Privacy Policy at any time without prior notice. If you use this Website after any changes, you demonstrate your agreement to be bound by the changes.
22. Affiliate disclaimer.
Under the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on this Website that may be affiliated links. This means that Vishoka Wellness may be paid if you purchase products or services through affiliates’ links.
If at all, Vishoka Wellness only provides affiliated links for products or services that it believes will add value to its visitors.
23. Your agreement and acknowledgment.
By your continued use of Vishoka Wellness’s Website, you understand and acknowledge that you have read the Terms & Conditions, and you agree to be bound to them.
Media Release and Marketing Authorization
This is a legal document. Signing it is entirely voluntary.
› Biometric and Other Privacy Laws. To the extent that a photograph (digital or otherwise) or video constitutes or contains biometric identifiers, you confirm that this Release: (i) informs you or your legally authorized representative in writing that a biometric identifier or biometric information may be collected or stored; (ii) informs you or your legally authorized representative in writing of the specific purpose and length of term for which a biometric identifier or biometric information may be collected, stored, and used; (iii) constitutes Vishoka Wellness’ receipt of a written release executed by you or your authorized representative of the biometric identifier or biometric information; (iv) constitutes your consent or your legally authorized representative’s consent to disclosure and redisclosure of the biometric identifier or biometric information; (v) you acknowledge that Vishoka Wellness stores, transmits, and protects from disclosure all biometric identifiers and biometric information using the reasonable standard of care within its industry; and transmits and protects from disclosure all biometric identifiers and biometric information in a manner that is the same as or more protective than the manner in which it stores, transmits, and protects other confidential and sensitive information.
To the extent that the other privacy laws and their regulations apply to the Media-Related Information, you acknowledge that this Release constitutes your informed consent and authorization to disclose the Media-Related Information for Vishoka Wellness’ marketing purposes.
› Purpose for Collection.Vishoka Wellness collects video and audio recordings and photographs (including digital photographs) for Vishoka Wellness’ marketing.
› Right of Revocation and No Compensation. You acknowledge and agree that you may revoke this authorization at any time by notifying Vishoka Wellness in writing at the email address listed above. However, once the Media-Related Information is published, Vishoka Wellness has no control over subsequent third-party redisclosure; thus, the Media-Related Information can never be removed entirely from the Internet. This means that even if you revoke this consent, Vishoka Wellness will be unable to remove the Media-Related Information completely. Such revocation will only apply to future disclosures.
You further acknowledge and agree that you will not receive compensation for signing this document, being video and audio recorded or photographed, or for any use of the Media-Related Information; that you have no right to inspect or approve the Media-Related Information prior to its disclosure; and that after you sign this document, the Media-Related Information will no longer be protected by medical privacy laws.
› Retention Schedule and Data Storage.Vishoka Wellness shall retain biometric information only until the first of the following occurs: (i) the initial purpose for collecting or obtaining such biometric data has been satisfied, or (ii) within three years of your last interaction with Vishoka Wellness. Vishoka Wellness stores, transmits, and protects from disclosure of all biometric identifiers and biometric information using the reasonable standard of care within its industry; and transmits and protects from disclosure of all biometric identifiers and biometric information in a manner that is the same as or more protective than the manner in which it stores, transmits, and protects other confidential and sensitive information.
› Grant of Right and Agreement to Indemnify. You hereby grant Vishoka Wellness the right and permission to use the Media-Related Information to reproduce, edit, exhibit, project, display, copyright, and publish, in whole or part. You hereby indemnify Vishoka Wellness against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising from any third-party claims that relate to Vishoka Wellness’ use of the Media-Related Information.
›Acknowledgment and Agreement. By using our services, you agree and understand that the Media-Related Information will no longer be protected by privacy laws or protected from redisclosure without your consent and (ii) that you are legally bound by this document.