Uncovered - First Stop Health Agreement
Effective December 1, 2019
PLEASE READ THIS MEMBERSHIP AGREEMENT (this “Agreement”) CAREFULLY AS IT GOVERNS YOUR LEGAL RIGHTS AND OBLIGATIONS. ANY USE OF BENEFITS OR OUR WEBSITE CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT.
BSW, LLC doing business as Uncovered (herein referred to as “Uncovered”, “we”, “our”, or “us”) is an association for persons interested in gaining access to services (“Benefits”) from First Stop Health, LLC (“Vendor”) a tele-medicine third party vendor that cannot be accessed directly by individuals (each a “Member”, “you”, or “your”).
This Agreement is being made available to Member on the Uncovered website (the "Website") and sets forth the terms and conditions of membership ("Membership").
Membership and use of Benefits is completely voluntary and should be entered into only after careful and thorough review of the Membership Agreements. Membership shall commence on the date you first accept the Membership Agreements. Uncovered does not currently charge a fee, however, the Vendor does require a fee in order to access and use Benefits (the “Membership Fee”), which Uncovered collects on Vendor’s behalf. The payment of the Membership Fee is collected electronically by Uncovered through the use of a major credit card or debit card and is paid in advance based upon the term you select. Membership immediately terminates: (i) upon Uncovered’s inability to collect the Membership Fee by the date required for such payment, or (ii) upon Member’s willful violation of applicable laws or the terms of the Membership Agreements. No notice needs to be given in order to terminate your Membership for failure to pay the Membership Fee. Upon termination Member is no longer eligible to receive Benefits. Member’s only rights are to participate, subject to Vendor acceptance, in the Benefits provided by Vendor. Member shall have no other rights under the general corporation or other laws of any state, including the states Uncovered is registered or otherwise doing business. Furthermore, Member agrees to defend, indemnify and hold Uncovered harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to Member’s use of any Benefit.
Cancellation of your membership will be governed by the terms of our agreement with your providing organization as well as this User Agreement. Please consult with your providing organization for details.
Your Electronic Health Record ("EHR") shall remain available to you notwithstanding your cancellation of a membership. If FSH intends to delete your EHR, it shall provide you with reasonable advance notice, at the last e-mail address provided by you, and afford you the opportunity to download its contents.
CANCELLING SIX MONTH SUBSCRIPTIONS
When cancelling a six month subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.
CANCELLING YEARLY SUBSCRIPTIONS
When cancelling a yearly subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period. In order to change or cancel your subscription please contact firstname.lastname@example.org
Vendor offers Benefits in the form of products or services, discounted or otherwise, to Members. Vendor may, from time to time, compensate Uncovered directly or indirectly through the payment of fees or other forms of compensation. Member will also be required to sign additional separate agreements in order to obtain the Benefits. Uncovered makes no representation, warranty or guaranty in connection with the goods or services provided by Vendor including but not limited to (i) the value of the Benefits, (ii) a Member’s ability to use the Benefits, and (iii) the price discounts, cost savings or level of satisfaction with any Vendor or Benefits. Uncovered reserves the right, in its sole discretion, to determine whether to continue offering Benefits provided by Vendor and negotiate pricing and terms on behalf of Member.
Uncovered outsources certain business functions to other companies (“Managers”) that may maintain accounts for Member transactions. Payment to Managers will be considered payment to Uncovered. Therefore, the use of the term Uncovered throughout the Membership Agreements will also include Managers unless otherwise specifically excluded.
Information That You Provide
Uncovered requires that the information you provide to be true, accurate and up-to-date at all times, which includes, but is not limited to, any representations made regarding credit information, authority to use bank accounts or credit cards. Uncovered reserves the right to immediately terminate you and terminate access to Benefits if any information provided by you does not meet these requirements.
Limitation on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT UNCOVERED IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES) IN EXCESS OF YOUR MEMBERSHIP FEE PAID, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO UNCOVERED. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL UNCOVERED BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation or otherwise, and whether pre-existing, present or future) arising out of or relating to: (i) the Membership Agreements; (ii) oral or written statements, advertisements or promotions relating to the Membership Agreements; or (iii) the relationships that result from the Membership Agreements (including relationships with third parties who are not signatories to this Agreement) (collectively, the “Claim”), will be referred to and determined by arbitration (to the exclusion of the courts). If you have a Claim, you must give written notice to Uncovered of your intention to arbitrate. Arbitration of Claims will be conducted in such forum and pursuant to such rules as Uncovered and you agree upon and, failing agreement, will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the State of Michigan that are in effect on the date of the notice to arbitrate.
Jurisdiction and Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, without regard to the choice of law provisions, and you and Uncovered hereby submit to the exclusive jurisdiction of the state and federal courts of Michigan. You agree and acknowledge that your use of any and all services provided by Uncovered in connection with Benefits and the Website is deemed to have occurred and taken place solely in the State of Michigan.
All notices to Uncovered shall be effective upon the mailing thereof, by means of Registered Return Receipt Mail to:
P.O. Box 223
Omena, MI 49674
Attention: Member Services
All notices to Members required or permitted hereunder, except as may otherwise be required by applicable law, may be delivered via electronic communication (e-mail) or posted on the Website. It is the responsibility of each Member to maintain with Uncovered a current and accurate e-mail address and routinely check the Website for changes to the Membership Agreements. Uncovered is not liable for notices which are not received due to a Member’s failure to provide an active and current e-mail address or routinely check the Website.