Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MED PLUS DISCOUNTS WEBSITE.
We reserve the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the Med Plus Discounts website. You are responsible for regularly reviewing these Terms. Continued use of the Med Plus Discounts website after any such changes shall constitute your consent to such changes.
IMPORTANT: PLEASE READ:
WE DO NOT PROVIDE MEDICAL (TELEHEALTH), DENTAL, VISION, PRESCRIPTIONS, LEGAL SERVICES, IDENTITY THEFT, VETERINARY DISCOUNTS OR OTHER HEALTH RELATED SERVICES AND OUR ACCIDENT INSURANCE POLICY IS PROVIDED BY COLONIAL LIFE INSURANCE GROUP. WE ONLY PROVIDE INFORMATION AND A METHODS TO ACCESS FREE OR PAID DISCOUNTED SERVICES THROUGH OUR PARTNERS OR AFFLIATES? NETWORKS OF PROFESSIONAL PROVIDERS THAT YOU SELECT. YOU ARE RESPONSIBLE FOR ALL PAYMENTS TO HEALTHCARE PROVIDERS FROM WHOM YOU RECEIVE SERVICES. WE DO NOT, AND DO NOT INTEND TO, PROVIDE ANY MEDICAL (TELEHEALTH), DENTAL OR OTHER HEALTH RELATED SERVICES. AS SUCH, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PROVISION OR LACK OF PROVISION OF ANY SUCH SERVICES.
Med Plus Discounts Contact Information:
Med Plus Discounts, LLC
15050 Elderberry Ln. Suite 6-9
Fort Myers, FL 33907
Fax Number: (888) 512-0238
1.The Med Plus Discounts Site
1.1. VISITORS; MEMBERS
You do not have to be a Member to view the benefits or prices for any features Med Plus Discounts Savings Plan available on the Site and through the Med Plus DiscountsService, but membership is required for some Savings plans, which man include but are not limited to: Dental, Vision, Identity Theft, Legal Protection, Vet Discounts and Telemedicinein order to receive member rates or plan access. oOnly active Members, who are in good current payment standing, can access and use the paid discount plansfeatures and services of theprovided byMed Plus Discounts Service. The Med Plus Discountsaffiliates or partners Service allows Members to schedule appointments with access in-network Providers (as hereinafter defined) and pay providers directly for healthcare related services rendered by these Providers (“Healthcare Services”). Med Plus Discounts may contact you by phone or email or as needed.
By becoming a Member you agree: (i) that you are eighteen (18) years or older, (ii) that you reside in the United States, (iii) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (iv) to maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you intend to violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Med Plus DiscountsSite (or any portion thereof).A DESCRIPTION OF THE HEALTHCARE SERVICES AND DISCOUNTS EACH PROVIDER OFFERS MED PLUS DISCOUNTS MEMBERS AS WELL AS A LIST OF SPECIFIC PROVIDERS IN YOUR AREA THAT ARE PART OF THE NETWORK CAN BE VIEWED AT WWW.MEDPLUSDISCOUNTS.COM AND WILL BE UPDATED FROM TIME TO TIME.
1.2. HOW TO USE THE MED PLUS DISCOUNTS SITE
(a) Network Provider Appointments. The Med Plus Discounts site gives you the ability to locate a local participating provider?s contact information, based on zip code. Med Plus Discounts does not schedule appointments for its members. You are responsible to contact the provider directly to schedule all of our appointments. You may find in-network Providers through the Med Plus Discounts site. The Med Plus Discounts site is only a directory for in-network service providers per savings plan. You may not make an appointment with a Provider without full activation on the Site or by calling Med Plus Discounts customer service department for activation, and, to be eligible for the Provider’s discounted rates, you must present your Med Plus Discounts card or Med Plus Discounts ID number to the Provider prior to receiving any discounted Healthcare Services. Any Healthcare Service you receive from a Provider shall be between you and the Provider and we shall have no responsibility for such Healthcare Services. In addition, we shall not be responsible for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers.
(b) Missed or Cancelled Appointments. In the event you miss or cancel your appointment with a Provider, you are solely responsible for any such Provider’s fees associated with missed or cancelled appointments.
(c) No Guarantee of Provider Availability or Service. We will in no way restrict you from accessing any Provider in the Med Plus Discounts Service network, including through imposing waiting or notification periods. However, we do not guarantee the availability of the Providers you choose. A Provider may choose to dis-enroll from, or not participate in, our network at any time, or a Provider may not be available to take on new patients. Additionally, we do not guarantee that the Healthcare Services listed on the Site are provided by all Providers. Although we cannot guarantee that the Provider of your choice is available and can provide the desired Healthcare Services, we make commercially reasonable efforts to ensure that all Provider listings are as accurate as possible and will assist you in finding a Provider. Healthcare services not listed on the Site are not subject to a Provider’s discounted rates.
(d) Limitations on Your Use of the Med Plus DiscountsSite. The Med Plus Discounts Site is intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site or Med Plus Discounts Site, in any medium, without our prior written consent, or (ii) use the Med Plus Discounts Site in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing or otherwise transferring any discounts obtained through the Med Plus Discounts Site or any Provider, in violation of these Terms or any of your Provider’s terms and conditions without our express written permission or the express written permission of the applicable Provider, as the case may be. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
(e) Charges to Your Account. . To register for any paid Med Plus Discounts Savings Plan or membership, you will be required to provide a valid payment mechanism, e.g., a credit or debit card number (“Account”). We will use your Account to charge you (i) a fee for use of the Med Plus Discounts Savings Plan or membership, and (ii) credit card processing charges, if any (collectively, the “Fee”). By requesting to sign up for one of our paid Savings Plans or memberships, you authorize us to charge your card the amount of the plan, on a monthly basis or one time annually, depending on your preferred billing method. Faliure to pay will terminate your active membership status and will result in your inability to receive special member rates or access to your plan. Once payment has been resumed, your membership will be reinstated.
(f) Insufficient Funds in Your Account.You hereby authorize us, if the funds in your Account are insufficient to pay the membership fee, to immediately terminate your active membership, until such time you have paid your membership fee in full.
(g) Changes to Your Account Information.YOU MUST PROMPTLY NOTIFY US IF YOUR ACCOUNT IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. SUCH CHANGES TO YOUR ACCOUNT INFORMATION CAN BE MADE AT THE MED PLUS DISCOUNTS LOGIN SECTION OF THE SITE. IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU MAY NOT HAVE ACCESS TO THE MED PLUS DISCOUNTS SITE.
(h) (i) Procedure to File Complaints. IIf you have a complaint regarding the Med Plus Discounts SITE, or any other service received by us (other than disputed charges which are governed by Section 1(h) above), you may submit a complaint to us in writing at the following address: 15050 Elderberrry Ln. Suite 6-9, Fort Myers, FL 33907 or on the Site at www.medplusdiscounts.com, Contact Us, where you may send an e-mail to Med Plus Discounts at Support@medplusdiscounts.com or by calling Med Plus Discounts. Members and Providers may call (888) 512-0238. We will investigate and determine the appropriate solution. All disputes that cannot be appropriately resolved will be governed by the dispute resolution provisions set forth in Section 13 of these Terms.
(k) Disclosure of Information to Other Account Members. By agreeing to these Terms of Service, you are acknowledging that we may, in the exercise of our professional judgment, our experience with common practice, and as described further below, make information pertaining to your care available to other Med Plus Discounts Members who share a Med Plus Discounts account with you. Because Med Plus Discounts allows Members to add their family and friends as Dependents to one Med Plus Discounts account, it may become necessary for Med Plus Discounts to send care-related information of a Med Plus Discounts Member to the Med Plus Discounts originating Member who is responsible for and/or listed on the Med Plus Discounts account. This disclosure may include information related to health care treatment. If you do not want Med Plus Discounts to disclose this information to another Med Plus Discounts Member sharing your account, you may request a restriction. The request must be in writing and sent to Support@medplusdiscounts.com. The request must specify the type of information that you do not want shared as well as the specific Med Plus Discounts Member that you do not want to receive your information. By agreeing to these Terms of Service, you acknowledge that, while Med Plus Discounts will use reasonable efforts to comply with your request, there may be circumstances in which Med Plus Discounts is unable to comply with your request. Additionally, if you do not notify Med Plus Discounts of your request, Med Plus Discounts will act on its professional judgment and experience and use and disclose your information in good faith and consistent with common practice. You hereby agree to hold Med Plus Discounts harmless for any losses or injury that arise, directly or indirectly, from Med Plus Discounts’ sharing of your information with other Med Plus Discounts Members that share your account.
(l) Dependent. You acknowledge that you will add only dependents to your Med Plus Discounts Account for whom you have the legal right to do so.
2. Duration of Membership; Cancellation Rights
ONCE YOU BECOME A MEMBER, YOU ARE ELIGIBLE TO ACCESS THE MED PLUS DISCOUNTS SERVICES UNTIL YOU ELECT NOT TO DO SO OR UNTIL YOUR ACCESS IS TERMINATED IN ACCORDANCE WITH THESE TERMS. YOU HAVE THE RIGHT TO DISCONTINUE USE OF THE MED PLUS DISCOUNTS SAVINGS PLANS OR MEMBERSHIPS AT ANY TIME AND FOR ANY REASON AT NO PENALTY TO YOU;
We offer a thirty (30) day money back guarantee, with a full refund of original payment amount for a requested cancellation within the first 30 days of a new membership. We will only refund a customer one time per twelve (12) months for cancellations on the same plan. Customer who receive a full refund for any individual plan we offer, and decides to purchase that same plan again within twelve consecutive months from their first purchase date, will not receive a refund for another cancellation within the first 30 days. These cancellations will result in the cancellation of any recurring monthly charges and the customer will still have full membership privileges for the remainder of the current billing period. Customers who cancel within the first 30 days and receive a refund, will have their membership privileges revoked immediately upon receipt of refund. Customer’s who sign up for a membership plan under a promotion for a free 30 day trial will also be excluded from a refund for any payments made after the initial 30 day trial period has concluded.
3.License Grant, Restrictions and Copyright Policy
3.1. LICENSES GRANTED BY US TO OUR CONTENT AND USER CONTENT
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license: (i) to view, download and print any text, graphics, images, audio, video, information or other materials (collectively, “Content”) that we make available through the Med Plus Discounts Site, including any Content licensed from a third party, but excluding User Content (“Our Content”) solely for your personal and non-commercial purposes; and (ii) to view any Content that a visitor or Member (“User”) posts, uploads, publishes, submits or transmits for public dissemination and to be made available through the Med Plus Discounts Site (“User Content”) to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Med Plus Discounts Site, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
By using the Med Plus Discounts Site, you shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Med Plus Discounts Site in any way;
(b) modify or make derivative works based upon the Med Plus Discounts Site;
(c) create Internet “links” to the Med Plus Discounts Site or “frame” or “mirror” any App on any other server or wireless or Internet-based device;
(d) reverse engineer or access the Site in order to (i) build a competitive product or Med Plus Discounts Site, (ii) build a product using similar ideas, features, functions or graphics of the Med Plus Discounts Site, or (iii) copy any ideas, features, functions or graphics of the Med Plus Discounts Site; or
(e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Med Plus Discounts Site;
(f) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(g) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violation of third party privacy rights;
(h) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(i) interfere with or disrupt the integrity or performance of the Med Plus Discounts Site or the data contained therein; or
(j) attempt to gain unauthorized access to the Med Plus Discounts Site or its related systems or networks.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Med Plus Discounts Site or Content or to review or edit any Content, but have the right to do so for the purpose of (i) operating the Med Plus Discounts Site, (ii) to ensure your compliance with these Terms, or (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Med Plus Discounts Site.
3.4. COPYRIGHT POLICY
We respect copyright law and expect you to do the same. It is our policy to terminate in appropriate circumstances users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders or otherwise violate these Terms.
4. Representations and Warranties
By using the Med Plus Discounts Site, you expressly represent and warrant that you are legally entitled to agree to these Terms. If you reside in a jurisdiction that restricts the use of the Med Plus DiscountsSitebecause of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Med Plus DiscountsSite. Without limiting the foregoing, the Med Plus DiscountsSite is not available to children (persons under the age of 18). By using the Med Plus DiscountsSite, you represent and warrant that you (a) are at least 18 years old, and (b) have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms. Your participation in using the Med Plus DiscountsSite is for your sole, personal use. You may not authorize others to use the Med Plus Discounts Site under your account and you may not assign or otherwise transfer your user account to any other person or entity. When using the Med Plus Discounts Site you agree to comply with all applicable laws of the country, state and city in which you are domiciled and/or are present while using the Med Plus Discounts Site. You may only access and use the Med Plus DiscountsSitepursuant to authorized means. By using the Med Plus Discounts Site, you agree that:
- You will only use the Med Plus DiscountsSite for lawful purposes.
- You will not impair the proper operation of the network.
- You will not try to harm us, any other User, or the Med Plus DiscountsSite in any way.
- You will not copy, or distribute the content without our written permission.
- You will only use the Med Plus DiscountsSitefor your own personal use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Med Plus DiscountsSite.
- You will provide us with proof of identity as we may reasonably request from time to time.
- You may receive communications from us or our vendors, partners or affiliates, whom are needed to facilitate any or all of the Med Plus Discount Savings Plans or memberships via email or phone.
5. Intellectual Property Ownership
As between you and us, we (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Med Plus DiscountsSiteand any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Med Plus DiscountsSite. These Terms do not convey to you any rights of ownership in or related to the Med Plus DiscountsSite, or any intellectual property rights owned by us. Our name, logo, and names associated with the Med Plus DiscountsSite are our trademarks or those of our licensors, and no right or license is granted to use them except as otherwise specifically set forth in these Terms.
By using the Med Plus DiscountsSite, you shall defend, indemnify and hold us, the Providers and our licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of, in connection with, or related to: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; or (c) your use or misuse of the Med Plus DiscountsSite.
7. Disclaimer of Warranties
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MED PLUS DISCOUNTS SITE, OR ANY HEALTHCARE SERVICE YOU MAY RECEIVE FROM A PROVIDER. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE MED PLUS DISCOUNTS SITE WILL BE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APP, SYSTEM OR DATA, (B) THE MED PLUS DISCOUNTS SITE, HEALTHCARE SERVICE OR PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS IN THE MED PLUS DISCOUNTS SITE WILL BE CORRECTED, OR (F) THE MED PLUS DISCOUNTS SITE OR THE SERVER(S) THAT MAKE THE MED PLUS DISCOUNTS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MED PLUS DISCOUNTS SITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY MED PLUS DISCOUNTS SITE, PRODUCTS OR GOODS OBTAINED BY PROVIDERS THROUGH THE USE OF THE MED PLUS DISCOUNTS SITE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE MED PLUS DISCOUNTS SITE, AND ANY HEALTHCARE SERVICES RENDERED BY ANY PROVIDERS REMAIN SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Internet Delays
THE MED PLUS DISCOUNTS SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
9. Limitation of Liability
IN NO EVENT SHALL WE AND/OR OUR LICENSORS OR THE NETWORK PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). WE AND/OR OUR LICENSORS AND NETWORK PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE MED PLUS DISCOUNTSSITE OR HEALTHCARE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE MED PLUS DISCOUNTSSITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY PROVIDER’S HEALTHCARE SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PROVIDER WHO IS REFERRED BY THE MED PLUS DISCOUNTSSITE, EVEN IF WE AND/OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALTHOUGH WE MAY INTRODUCE YOU TO PROVIDERS FOR THE PURPOSES OF PROVIDING HEALTHCARE SERVICES, WE WILL NOT AND ASSUME NO RESPONSIBILITY TO ASSESS THE SUITABILITY OR ABILITY OF SUCH PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALLLIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE HEALTHCARE SERVICES RENDERED OR NOT RENDERED BY PROVIDERS. WE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING HEALTHCARE SERVICES PROVIDED BY PROVIDERS RESTS SOLELY WITH YOU. IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We may give notice by means of a general notice on the Med Plus Discounts Site, electronic mail to your email address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: letter sent by confirmed facsimile to us at the following fax number (whichever is appropriate): (813) 445-4197; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us at the address provided above, Attention: Customer Care, Med Plus Discounts.
These Terms and your membership to the Med Plus Discounts Site may not be assigned by you without our prior written approval but may be assigned without your consent by us to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void.
12. Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Site, nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Site, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Dispute Resolution
13.1 IN GENERAL
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Med Plus DiscountsSite (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you are waiving the right to a trial by jury and to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless otherwise agreed in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 13 will be deemed void. Except as provided in the preceding sentence, this Section 13 will survive any termination of these Terms.
13.2 ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified as set forth in Section 13.6 below. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
13.3 ARBITRATION LOCATION AND PROCEDURE.
Unless otherwise agreed, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
13.4 ARBITRATOR’S DECISION
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 9 “Limitation of Liability” as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
13.5 ARBITRATION FEES.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
13.6 CHANGES TO DISPUTE RESOLUTION PROVISIONS
Notwithstanding anything to the contrary in these Terms, if we make any changes to the dispute resolution process set forth in this Section 13 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to Support@medplusdiscounts.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this Section 13 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
No joint venture, partnership, employment, or agency relationship exists between you, us or any Provider as a result of these Terms or your use of the Med Plus Discounts Site. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms comprise the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, whether written or oral, between you and us regarding the subject matter contained herein.