This Membership Agreement (“Agreement”) is entered into by and between Flexefits, a service offered by Flexefits, LLC and/or its subsidiaries and affiliates (“FAN”) and members of the Flexefits medical program (“Members”). All Members subscribing to the Flexefits medical program (“Program”) should read the terms of this Agreement carefully
The FAN program is NOT health insurance or a health insurance policy. It is a direct pay medical plan. The Program provides negotiated fees only at certain health care providers for healthcare services. Member is obligated to pay for all healthcare services at a published rate to medical providers who have contracted with FAN. FAN does not make payments to providers for medical services. Equal or lower prices may be available through individual negotiations.
The Flexefits program is NOT health insurance or a health insurance policy. The Program provides savings for health, wellness, and lifestyle services. Member is obligated to pay for all services but will receive savings from those providers who have contracted with FAN. FAN does not make payments to providers for services. Equal or lower prices may be available through individual negotiations.
- Description of Program’s Features.Each Member is entitled to specific negotiated pricing on specified services and receive other services (collectively, “Services”) when using a participating provider (“Provider”). Members are entitled to receive certain Services from Providers at predetermined amounts and certain other Services for a percentage savings off the Provider’s normal retail prices for such Services. Other terms and conditions regarding Services, the Services eligible for savings, and the discounted fees for the Services included are subject to change, modification, or substitution by FAN at any time without notice to the Member. Fees for Services vary by region. 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 prenegotiated rate and charge more.
- Payment.For Programs offered on a payment or subscription basis, the following terms apply, unless FAN notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to FAN;
- A valid debit card acceptable to FAN;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- By another payment option FAN provides to you in writing.
- You authorize charges above referenced credit card account or selected bank account automatically and apply said charge toward the payment of the charges you owe. You understand that you will remain responsible for recurring charges and additional late fees should my credit card be canceled or otherwise made unavailable for payment. You further understand that You will remain responsible for recurring charges, additional late fees and other applicable charges if the withdrawal to the bank account I have listed above is denied for insufficient funds or the account otherwise becomes unavailable.
In the event You have selected to have automatic payments made from a bank account, You hereby authorize the initiation of automatic withdrawals via electronic fund transfer entries (“Entries”) by means of the Automated Clearing House (“ACH”). I understand and agree to abide by the Operating Rules of the National Automated Clearing House Association (“NACHA”) in existence as of the date of this Agreement and as amended from time to time (the “Rules”) which govern all such transactions. I acknowledge that no Entries may be made that violate the Rules or the laws of the United States. You agree to indemnify the Originating Depository Institution (“ODFI”) and any third party service providers involved in processing Entries made hereunder against all claim, demand, loss, liability, or expense including attorney’s fees and costs that result directly or indirectly from my 1) failure to follow the Rules or 2) violations of law.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- FAN will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
- Cancellation.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 FAN in writing.
- Use With Your Mobile DeviceUse of these Services may be available through a compatible mobile device, may require Internet access and/or additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
FAN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- 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 7 below. Each complaint will be acknowledged in writing within 5 business days of its receipt. After FAN has investigated the complaint, the Member will receive a letter disclosing the results of that investigation no later than 30 calendar days after FAN receipt of the complaint.
- Membership Representations and Acknowledgments.In return for Services available under the Program, the Member makes the following representations and acknowledgments:
(a) Member has read this Agreement carefully, understands the Program, including an understanding and acknowledgment that the Program is NOT INSURANCE.
(b) Member may cancel his/her Program membership at any time.
(c) 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 FAN. Member agrees that he/she will use his/her Program membership only for his/her personal benefit or for 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.
(d) 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.
(e) Providers are entirely independent of The FAN and Flexefits LLC and its affiliates. FAN, Flexefits LLC, its affiliates and its contracted networks do not guarantee the quality of services or products offered by individual providers and are not responsible for the provision of or the failure to provide health care by any Provider. FAN does not practice medicine or in any manner interfere with or participate in the Provider-patient relationship. All health care decisions are between the patient and Provider. The selection of a Provider is the obligation and decision of the patient and is not based upon the credentialing or any recommendation by FAN, its affiliates or its contracted networks.
(f) FAN 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 Flexefits LLC, their affiliates, nor any network accessed shall be liable for any payment to a Provider accessed under the Program. Neither Flexefits LLC, their 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.
(g) 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.
- Disclaimer of Warranties.FAN is not a merchant, manufacturer, or a Provider of the Services. FAN DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY SERVICES OR MERCHANDISE PURCHASED OR RECEIVED BY A MEMBER FROM A PROVIDER OR VENDOR THROUGH HIS/HER MEMBERSHIP IN THE PROGRAM. MEMBER ACKNOWLEDGES THAT HE/SHE IS NOT RELYING ON FAN SKILL OR JUDGMENT IN SELECTING A PROVIDER OR VENDOR FOR THE SERVICES AVAILABLE TO MEMBERS.
In the event any product or Service purchased or received by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the Provider, seller, merchant, vendor or manufacturer of the product or Service for any repair, exchange, refund or satisfaction of claim. Member understands and agrees that any Service included in the Program is subject to availability and may be changed, terminated or removed from the Program at any time without notice to Member.
- 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 FAN 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 FAN will be cancellation of the Program membership as provided in Paragraph 2.
- 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 FAN, addressed to the Member, at the address shown in FAN records, or, if from the Member, to FAN at:
Flexefits LLC, 55 Lane Road Suite 430 Fairfield NJ 07004
- 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.
- Governing Law.This Agreement will be governed and construed in accordance with the laws of the State of Delaware, 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.
- Waiver of Breach.A waiver by FAN of a breach of any provision of this Agreement will not be deemed a waiver by FAN of any other breach of the same or different provision.
- Use of Your Information: Flexefits, LLC and all affiliated companies have the right to maintain and manage all FAN Member emails for communication purposes regarding but not limited to any changes, additions, or opportunities to The FAN program. The FAN will not sell nor share your email to non-affiliated companies.