All Members subscribing to
the PHS discount program ("Program") should read the terms of this Agreement carefully.
Our discount program is NOT health insurance. It is a discount plan. The Program
provides discounts only at certain healthcare providers for healthcare services. Member is obligated to pay for all healthcare
services but will receive a discount from those healthcare providers who have contracted with our providers. Preventative HealthCare Solutions (PHS) does not make
payments to providers for services, the Member is responsible to pay participating providers directly.
Description of Program's Features. Each Member is entitled to receive discounts on specified services and receive other services
(collectively, "Services") when using a participating provider ("Provider") as set forth in the Membership Guide, which is incorporated into
this Agreement by reference. Members are entitled to receive certain Services from Providers at predetermined amounts and certain
other Services for a percentage discount off the Provider's normal retail prices for such Services. Other terms and conditions regarding
Services, the Services eligible for discounts, and the discounted fees for the Services included are listed in the Membership Guide and are
subject to change, modification, or substitution at any time without notice to the Member. Fees for Services vary by region. In
order to receive Services at the discounted rate, a Member must present his/her Membership ID Card to the Provider before Services are
rendered. Members must pay the Provider directly at the time of Service unless otherwise agreed upon between Provider and Member.
If prompt payment to the Provider is not made and arrangements for payment are not made, the Provider may rescind the discount. The
discount features of the Program may not be available for cosmetic procedures.
Cancellation and Refund Option. If a Member is not satisfied with the Program and wishes to terminate his/her membership, the
Member may cancel the membership for any reason and at any time during the membership period by notifying PHS in
writing. Membership in the Program will terminate at the end of the Membership Term following the date on which PHS receives the
notice of cancellation, and PHS will cease collecting membership fees no later than 30 days after receiving a valid cancellation notice.
Notice of cancellation must be received by PHS before the next billing cycle, but PHS will cease collecting membership fees no
later than thirty (30) days after receiving the cancellation notice. If the Member cancels his/her membership within the first thirty (30) days
after effective date, the Member will be reimbursed for all periodic charges paid. The return of all such periodic charges will be made
within thirty (30) days of the cancellation date, and if all such periodic charges have not been reimbursed within thirty (30) days of the
cancellation date, interest will be assessed against PHS as required by applicable law. If the billing frequency is less than monthly
(e.g. annually or semi-annually), the Member will be provided a prorated refund of the Membership Fee paid for any unused portion of
the Membership Term remaining after the next monthly anniversary of the Member's activation. Any cancellation of membership in the
Program will not affect any Services or discounts received by a canceling Member before the effective date of the cancellation. IF A
MEMBER CANCELS WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE, PHS WILL REFUND THE INITIAL MEMBERSHIP
FEE. THE ENROLLMENT OR APPLICATION FEE IS NON-REFUNDABLE (EXCEPT WHERE PROHIBITED BY LAW). Cancellations not requested
in writing as defined above are subject to any cancellation, termination or dispute resolution fees charged to PHS by a third party.
Membership Term. Once the initial fee for membership in the Program ("Membership Fee") and any enrollment, processing or other
fee is paid, a Member will be entitled to all Services for the term ("Membership Term") the Member selects at the time of activation
commencing on the date of PHS's receipt of the activation, so long as Member continues to pay required Membership Fees and
otherwise complies with the terms of this Agreement. Members may select from membership Terms offered at the time of activation which
may include monthly or annual options.
Automatic Renewal of Membership Term. At the conclusion of the Membership Term, membership in the Program will be renewed
automatically unless the Member notifies PHS before the new Membership Term, that he/she wishes to cancel his/her membership
in the Program. If the Member either fails to notify PHS of his/her election not to continue the Membership and/or fails to return the
Membership ID Card(s) as required herein, membership in the Program will be renewed automatically and the Membership Fee for an
additional term will be charged against the Member's credit card or by debit to the Member's checking account, as applicable. Should a
Member have any questions concerning the Program, or the continuation or cancellation of membership, he/she should call a Member
Services Representative at the number on his/her Membership ID Card.
Complaint Procedure. Any complaint regarding Program membership should be directed to Member Services at the toll-free number
on the ID Card or in writing to the address shown in Paragraph 9 below. Each complaint will be acknowledged in writing within 5 business
days of its receipt. After PHS has investigated the complaint, the Member will receive a letter disclosing the results of that investigation
no later than 30 calendar days after PHS's receipt of the complaint. If the Member remains unsatisfied, the Member may contact his
or her state's department of insurance.
Membership Payment/Billing. Payment of the initial Membership Fee and any renewal Membership Fee will be made automatically by
a charge against the Member's credit card or by a debit to the Member's checking account (depending on the payment option authorized
by the Member) for the full amount of the Membership Fee for the Membership Term. Members who chose to pay Membership Fees by
a direct charge against the Member's credit card or by a direct debit to the Member's checking account statement may not receive notice
from PHS of a subscription payment due; rather, the Member will be notified of the billing in his/her credit card or checking account
statement. Each Member hereby authorizes PHS to bill and receive payment for the Membership Fee as set forth in this Agreement.
PHS reserves the right to increase the Membership Fee for a future Membership Term, in which case the Member will be notified and
the increased Membership Fee will be effective upon renewal of the Program membership. If a Member wishes to confirm whether a
Program discount is available for a particular Service, or wishes to confirm the current fee for a particular Service, he/she should call a
Member Services Representative at the toll-free number located on the Membership ID Card.
Membership Representations and Acknowledgments. In return for the discounts and Services available under the Program, the
Member makes the following representations and acknowledgments:
Member has read this Agreement carefully, including the Program benefit descriptions, and is aware and acknowledges that the
Program is NOT insurance.
Member may cancel his/her Program membership at any time before the conclusion of the Membership Term and will be entitled to a
refund as set forth in and subject to Paragraph 2 of this Agreement.
Unless the Member cancels his/her membership in accordance with Paragraph 2 of this Agreement, the Program membership will be
automatically renewed on the first day following the conclusion of a Membership Term, and payment of the Membership Fee for the new
Membership Term will be made by a direct charge against the Member's credit card or by a debit to his/her checking account.
Membership in the Program and or Member's rights or duties under this Agreement may not be assigned or delegated without the prior
express written consent of PHS. Member acknowledges that the Program membership is only for his/her personal benefit or the benefit
of his/her dependents. ''Dependents'' are a spouse or registered domestic partner, children up to the age of 25, parents in the household
over age 60 and any other IRS Dependents. A Member's violation of the Paragraph 7(d) may, at the discretion of PHS, result in
immediate termination of the Program membership. Dependents must be registered with PHS. Member may register Dependents by
calling Member Services.
Member is responsible for paying Providers and/or vendors for Services rendered at time of Service unless otherwise agreed upon by
Member and Provider or vendor.
This Program is a discount healthcare program and does not guarantee the quality of the services or products offered by individual
providers. PHA does not recommend or endorse any particular provider listed in the network. The listed providers participate in the
discount medical program but are independent of the discount medical plan organization.
PHS does not warrant, represent or guarantee that there is or will be a Provider in his area available or willing to provide any of
the Services to Member. Neither PHS, its affiliates, nor any network accessed shall be liable for any payment to a
Provider accessed under the Program. Neither PHS, its affiliates, nor any network accessed is an insurer, guarantor
or underwriter of the responsibility or liability of the Member for Member's or Member's dependents' medical care or any other goods or
services provided to Member or Member's dependents.
Member is solely responsible for selecting any provider and in the event the Member is dissatisfied with any product or service, the
Member will look solely to the Provider, seller, merchant, vendor or manufacturer for any satisfaction of claim. Member is advised that
any Service included in the Program is subject to availability and may be changed or discontinued from the Program at any time without
notice to the Member.
The Program is not insurance and it may not reduce deductibles, co-payments or other out-of-pocket expenses for Services that are
covered by insurance. Additionally, the Program may not be used to coordinate coverage with Medicare or other government assistance
programs.
General Release. Each Member, for himself/herself, and on behalf of any Dependent who uses the Services under the Program
membership (''Membership Participant''), hereby forever releases, acquits and discharges each of PHS and its employees, officers,
directors, agents and affiliates from any and all liabilities, claims, demands, actions, and causes of action that such Member, Membership
Participant or Member's legal representative(s) may have by reason of any damage or personal injury sustained as a result of or during the
course of the use of any Service. The sole recourse available to a Member, Membership Participant or Member's legal representative(s)
against PHS will be cancellation of the Program membership as provided in Paragraph 4.
Notices. Any notice, consent, approval, complaint, request or other written communication given or required under this Agreement
must be sent by first class mail, postage prepaid, or by an overnight delivery service such as FedEx or United Parcel Service, and, if from
PHS, addressed to the Member, at the address shown in PHS's records, or, if from the Member, to PHS at:
Preventative HealthCare Solutions, LLC
325 Columbia Turnpike, Suite 106
Florham Park, NJ 07932
Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties with regard to Member's
membership in the Program and constitutes a final complete and exclusive statement of the terms of the agreement between the parties
with respect to Member's membership in the Program. Any other representation, inducement, promise or agreement shall be of no force
or effect.
Validity; Binding Effect. The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability
of any other term of this Agreement. This Agreement will be binding upon and inure to the benefit of the parties and their respective
successors and permitted assigns.
Note to Florida Consumers: The validity or unenforceability of any term of this
Agreement will in no way affect the validity or enforceability of any other term of this Agreement. The terms
of this Agreement will apply to the parties and their respective successors and permitted assigns.
Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Texas, except as required
otherwise by applicable law. Any controversy or claim arising out of or relating to this Membership agreement shall be settled by voluntary
arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional
Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Note to Oklahoma Consumers: This Agreement will be governed and construed in accordance with the laws of the State of
Oklahoma, and venue for any proceedings shall be in the district court of Oklahoma County. Any controversy or claim arising out
of or relating to this Membership agreement shall be settled by arbitration administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and
judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Note to Florida Consumers: This Agreement will be governed and construed in accordance with the laws of the State
of Florida, and venue for any proceedings shall be the State of Florida court closest to the member's residence, except as
required otherwise by applicable law. Any controversy or claim arising out of or relating to this Membership agreement may
be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial
Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof.
Note to Utah Consumers: This Agreement will be governed and construed in accordance with the laws of the State
of Utah, and venue for any proceedings shall be the State of Utah court closest to the member's residence, except as
required otherwise by applicable law. Any controversy or claim arising out of or relating to this Membership agreement may
be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial
Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof.
Waiver of Breach. A waiver by PHS of a breach of any provision of this Agreement will not be deemed a waiver by PHS of any
other breach of the same or different provision.
Defined Benefit Medical Plan
The following Terms and Conditions
regarding the various Limited Indemnity Plans
offered by Preventative HealthCare Solutions, LLC., (PHS)
govern your participation in our program. In these Terms and
Conditions, "you" and "your" mean each
person who has purchased a Limited Indemnity Plan
insurance policy.
Disclosure. Please note
the general Terms and Conditions noted below are directional
in nature. They are not intended as absolute. The official Terms and Conditions, Exclusions and Limitations that guide your insurance coverage will be mailed to you directly by the insurance carrier/s.
Important: if your insurance plan involves coverage by more than one insurance carrier, you should expect to receive Policy information from EACH insurance carrier.
Benefits Description.
All Limited Indemnity Plan program benefits
are detailed in a Benefits Guide you will
receive upon joining our program (benefits are subject to change,
modification or substitution with and without notice). With respect
to the Discount Healthcare programs that come with your Limited Indemnity Plan, see below.
Use of Membership. Your
insurance benefits are not transferable or assignable. You agree
to use your insurance only for those covered by the Plan.
Confidentiality. Customer
service for your insurance program will be handled directly by the
insurance carriers involved and the discount Healthcare providers.
As an extra service to you and as a part of your enrollment in this
program, we may send emails, direct mailings or telephone you with
offers or information that may be of interest to you. We may use
outside independent contractors for these purposes, but they are
also bound to strict confidentiality. Your privacy is of utmost
importance to us. If you do not wish to receive such extra service
notifications you may contact us at the address above and so advise.
Membership Cancellation Policy. You may cancel your membership at any time.
You must do so in writing by mailing a cancellation letter and your discount Member ID Card to:
Preventative HealthCare Solutions, LLC, Member Services Department,
325 Columbia Turnpike, Suite 106, Florham Park, NJ 07932.
Your membership will terminate effective the first of the month following the date your notice.
If you cancel within the first thirty (30) days of your enrollment, we will return 100% of your
enrollment fee. If you cancel after the initial thirty (30) day period, you will receive a refund
prorated to the length of time you were in the program compared to the length of time for which your
payment was made. Cancellations not requested in writing as defined above are subject to any cancellation, termination or dispute resolution fees charged to PHS by a third party.
We reserve the right to cancel your membership for any reason at any time.