Vitality Solutions Terms and Conditions

Use of this website is subject to the following disclaimer and terms and conditions of use. Please read them carefully. Vitality Solutions LLC reserves the right at any time to vary these terms and conditions of use. You should therefore read these terms and conditions of use each time you intend to use this website. Using or continuing to use this website will constitute acceptance of these terms & conditions of use and the terms of the disclaimer as varied from time to time. These terms and conditions are applicable to your use of this website regardless of how you accessed it. If you do not wish to be bound by these terms and conditions, please discontinue using and accessing this website immediately.

Conditions of Application or Request for Quote 

By submitting a request for a quote on this website, you consent to inspection by Vitality Solutions LLC or their agents of all documents that may be material to an evaluation of this application; and release from liability Vitality Solutions LLC, their agents, and any other individuals for acts performed and statements made in good faith and without malice in connection with evaluating your request.

You understand that falsification or material inaccuracy of any part of the application can result in the immediate cancellation of your policy, and that no claims shall be paid nor coverage provided in the event of such falsification or material inaccuracy.

You understand that it is your responsibility to determine the limit of insurance you will need for you personal situation. The information provided by Vitality Solutions is intended solely for informational purposes, not as a recommendation or endorsement.

You agree to be bound by the terms and conditions contained in the policy to be issued, in the event this application is approved.

At this time, on-line quotes may not be available for all states or provinces, products, services or coverage selections. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state. For additional information about products, services or coverage selections otherwise offered by Vitality Solutions LLC, please email Vitality Solutions LLC at legal@vitalitysolutions.com.

You understand that your submission of an application does not bind Vitality Solutions LLC to any contract, binder, or agreement to extend insurance coverage. All quotes generated by this site are estimates based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. To obtain coverage you must purchase the policy and remit payment.

Vitality Solutions LLC does not warrant that the delivery of electronic documents will be uninterrupted or error-free. Vitality Solutions LLC is not liable for: any loss or damage arising from problems with your equipment or your telecommunications provider; your failure to meet your responsibilities as outlined herein; or any equipment problems or other occurrences beyond the reasonable control of Vitality Solutions LLC.

Privacy

Please read our Privacy Policy, which is incorporated herein by reference.

Disclaimer and Limitation of Liability

Vitality Solutions LLC provides you with the option to choose at which clinic you intend to receive treatment. Vitality Solutions LLC is not affiliated with any clinic, does not have any contracts with any clinic, does not endorse any clinic, and, unless otherwise indicated, has no relationship whatsoever with any clinic. The listing of any clinic on this website should not be construed as indicating any such relationship.

The information and descriptions contained on our website are not intended to be complete descriptions of all terms, exclusions and conditions applicable to every insurance product or service offered by Vitality Solutions LLC, but are provided “as is” and for general informational purposes. Vitality Solutions LLC makes no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. Vitality Solutions LLC does not warrant that the website will operate error free or is free from viruses, worms, Trojan horses or other destructive or harmful code. Vitality Solutions LLC also assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.

VITALITY SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

To the maximum extent provided by law Vitality Solutions LLC shall not be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use this website or the materials or services provided on this website or the products or services received from this website. Exemptions of implied warranties may not be allowed in all jurisdictions.

Vitality Solutions LLC does not in any circumstances accept liability for any claim loss or damage that may result (directly or indirectly) from use of this website or use of the information made available at this website. Vitality Solutions LLC reserves the right (at any time and without notice) to add to remove update or vary any of the information that is made available at this website.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Eligibility for Insurance Products and Services

Not all of the products or services described on this website are available in all geographic areas of the United States. You may not be eligible for all of the insurance products or services described in this website. Access to this website from territories where the contents of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Vitality Solutions LLC reserves the right to determine all eligibility for such products or services in its sole discretion.

Secured Areas/Passwords

Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. Vitality Solutions LLC will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact Vitality Solutions LLC. Vitality Solutions LLC will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else. In order to protect your personal information Vitality Solutions LLC encourages you to change your password every six months.

Non-Inducement

The information made available at this website is not intended to and does not constitute a communication, invitation or inducement to engage in investment activity or to otherwise deal in the shares of Vitality Solutions LLC (or any other company). Anyone contemplating any investment activity should not rely on any of the information made available at this website. The past performance of any company cannot be used as an accurate guide to its future performance, and the value of shares (and the income derived from them) can go down as well as up.

The information made available at this website is not intended to and does not constitute an invitation or inducement to enter into any agreement in respect of any business product or service provided by Vitality Solutions LLC (or any other company). In addition any business product or service mentioned at this website may be varied or discontinued at any time and without notice.

Hyperlinks

This website may contain hypertext-links to other party's websites. Vitality Solutions LLC has not reviewed and does not accept any responsibility for any information (and does not endorse any business product or service) that may be found at other websites.

Restrictions on Use of Materials

This website is owned and operated by Vitality Solutions LLC. Except as otherwise expressly permitted in writing by Vitality Solutions LLC, no materials from this website or any website owned, operated, licensed or controlled by Vitality Solutions LLC may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may download material displayed on this website for your use only and provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, link or use the content of this website for public or commercial purposes, including the text, images, audio, and video without the express written permission of Vitality Solutions LLC.

Intellectual Property

All trademarks, services marks, trade names, logos, icons and domain names located on this website are the property of Vitality Solutions LLC and others. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon and domain name displayed on this website without the written permission of Vitality Solutions LLC or third party that may own such marks or names displayed on this website. Your use of the trademarks, service marks, trade names, logos, icons and domain names displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with permission by, Vitality Solutions LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Interpretation; Severability

These Terms shall be construed in accordance with the law of the state of Texas, without regard to any conflict of laws rules, and you hereby consent to exclusive jurisdiction and venue of any federal or state court located in Harris County, Texas for any cause of action, claim, liability, demand or dispute arising out of your use of this website or its terms.  

This document was originally written in English. In the event that the document has been translated into any other language resulting in any difference in interpretation, the English language version controls.

The section headings used herein are for convenience only and shall not be given any legal import.

To the extent that any part of this disclaimer or these terms and conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, then the relevant part shall be deemed to and shall be modified to the extent required to make it valid, lawful or enforceable (or shall if necessary be severed from the remaining provisions) and all other provisions shall be unaffected and shall remain in full force and effect.

Corporate Disclosures

Vitality Solutions LLC is domiciled and has its principal place of business in Houston, Texas. Vitality Solutions LLC does business in California as VS Insurance Solutions under license number 0k09355.

Fraud Notice

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison.

State Specific Provisions

Arkansas                        

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

Colorado                          

It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable for insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

District of Columbia        

WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.

Florida                              

Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.

Hawaii                              

For your protection, Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.

Kansas                             

Any person who knowingly and with the intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy, or a claim for payment or other benefit pursuant to an insurance policy which such person knows to contain materially false information concerning any fact material thereto; or conceals for the purpose of misleading, information concerning any fact material thereto is guilty of a crime and may be subject to fines and confinement in prison.

Kentucky                         

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.

Louisiana                          

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

Maine                               

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits.

Maryland                         

Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly and willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

New Jersey                      

Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

New Mexico                    

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.

New York                        

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

Ohio                                 

Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

Oklahoma                         

WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

Oregon                             

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents materially false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison.

In order for us to deny a claim on the basis of misstatements, misrepresentations, omissions or concealments on your part, we must show that:

1. The misinformation is material to the contenct of teh policy;

2. We relied upon the misinformation; and

3. The information was either:

1. Material to the risk assumed by us; or

2. Provided fraudulently

For remedies other than the denial of a claim, misstatements, misrepresentations, omissions or concealments on your part must either be fraudulent or material to our interests.

With regard to fire insurance, in order to trigger the right to remedy, material misrepresentations must be willful or intentional.

Misstatements, misrepresentations, omissions or concealments on your part are not fraudulent unless they are made with the intent to knowingly defraud.

Pennsylvania                   

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

Puerto Rico                      

Any person who knowingly and with the intention to defraud includes false information in an application for insurance or file, assist or abet in the filing of a fraudulent claim to obtain payment of a loss or other benefit, or files more than one claim for the same loss or damage, commits a felony and if found guilty shall be punished for each violation with a fine of no less than five thousand dollars ($5,000), not to exceed ten thousand dollars ($10,000); or imprisoned for a fixed term of three (3) years, or both. If aggravating circumstances exist, the fixed jail term may be increased to a maximum of five (5) years; and if mitigating circumstances are present, the jail term may be reduced to a minimum of two (2) years.

Rhode Island                    

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

Tennessee                        

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

Virginia                             

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

Washington                      

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

West Virginia                   

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

Kansas Residents Only Statement of Insured

Insured: Name on Policy

Coverage Type: Assisted Reproductive Technology Procedures Expense Reimbursement Policy

Policy Period: See purchase date TO 36 months after purchase date

As required by K.S.A. 40-246b, this will certify that I, the undersigned, have requested insurance coverage to be placed on my behalf with a company that is non-admitted or licensed to transact business in the State of Kansas. I understand that in accordance with K.S.A. 40-246b, that mere rate differential shall not be grounds for placing a particular risk with a non-admitted company when an admitted company would accept such risk at a different rate.

It is further acknowledged that the following information regarding placement of insurance with a non-admitted company, has been provided by the licensed excess lines agent:

1.The insurance coverage requested will be provided by an insurance company that is non-admitted or licensed to transact business in the State of Kansas, and whose name appears on the list of non-admitted companies maintained by the Commissioner of Insurance. The non-admitted insurers’ financial condition, policy forms, rates and trade practices are not subject to review or the jurisdiction of the Commissioner of Insurance.

2.There shall be no liability on the part of, and no cause of action of any nature shall arise against the Commissioner of Insurance, employees thereof, or the State of Kansas because the name of an insurance company appears or does not appear on the list of non-admitted companies maintained by the Commissioner of Insurance.

3.The policies or contracts of insurance issued by a non-admitted insurance company do not come under the protection afforded by the Kansas Insurance Guaranty Association Act (K.S.A. 40-2901, et seq.).

4.If the insurance company affording coverage is subsequently determined to be insolvent, the licensed excess lines agent placing such business with a company non-admitted to transact business in Kansas is, by giving you the information contained herein, relieved of any responsibility to the insured as it relates to such solvency.

5.Premium tax in the amount equal to 6% of the gross premiums shall be collected from insured and remitted to the Commissioner of Insurance by licensed agent. Where the insurance covers properties, risks or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on:

a)An amount equal to 6% of that portion of the gross premiums allocated to this state; plus

b)An amount equal to the portion of the premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks or exposures located or to be performed outside of this state; less

c) The amount of gross premiums allocated to this state and returned to the insured. (K.S.A. 40-246c)

Insured - Name Insured on Policy; Agent - Allison Meier; Date- Policy Effective Date