USA HEALTHCARE SAVINGS MEMBER
TERMS & CONDITIONS
This Membership Agreement (“Agreement”) is entered into by and between
The Capella Group, Inc. (“Capella”) and members of Capella’s USA
Healthcare Savings discount medical program (“Members”). All Members
subscribing to the USA Healthcare Savings discount medical program (“Program”)
should read the terms of this Agreement carefully and communicate any questions
that arise to a Capella Member Services Representative available by telephone Monday
– Thursday, 7 a.m. to 6 p.m. and Friday, 7 a.m. to 3 p.m., Central Time at
1-888-411-3888.
The USA Healthcare Savings program is NOT health insurance or a health insurance
policy. It is a discount medical plan. The Program provides discounts only at certain
health care providers for healthcare services. Member is obligated to pay for all
healthcare services but will receive a discount from those health care providers
who have contracted with The Capella Group, Inc. USA Healthcare Savings does not
make payments to providers for medical services. Equal or lower prices may be available
through individual negotiations.
1. 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
by USA Healthcare Savings 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.
2. 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 by notifying USA Healthcare Savings in writing and
by immediately returning his/her Membership ID Card to USA Healthcare Savings.
Membership in the Program will terminate at the end of the Membership Term following
the date on which USA Healthcare Savings receives the notice of cancellation.
Notice of cancellation must be received by USA Healthcare Savings before the next
billing cycle, but USA Healthcare Savings 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 the
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
USA Healthcare Savings 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, USA HEALTHCARE
SAVINGS WILL REFUND THE INITIAL MEMBERSHIP FEE. THE ENROLLMENT OR APPLICATION
FEE IS NON-REFUNDABLE (EXCEPT WHERE PROHIBITED BY LAW).
3. 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 USA Healthcare Savings'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.
4. Automatic Renewal of Membership Term. At the conclusion of the
Membership Term, membership in the Program will be renewed automatically unless
the Member notifies USA Healthcare Savings by providing written notification to
USA Healthcare Savings before the new Membership Term, that he/she wishes to cancel
his/her membership in the Program. If the Member either fails to notify USA
Healthcare Savings 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.
5. 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 #10 below. Each complaint will be acknowledged
in writing within 5 business days of its receipt. After USA Healthcare Savings has
investigated the complaint, the Member will receive a letter disclosing the results
of that investigation no later than 30 calendar days after USA Healthcare Savings's
receipt of the complaint.
6. 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 USA Healthcare Savings 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 USA Healthcare
Savings to bill and receive payment for the Membership Fee as set forth in this
Agreement. USA Healthcare Savings 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.
7. Membership Representations and Acknowledgments. In return for
the discounts and 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 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.
(c) 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.
(d) 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 USA
Healthcare Savings. Member agrees the 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. A Member's violation
of the Paragraph 7(d) may, at the discretion of USA Healthcare Savings, result in
immediate termination of the Program membership. Dependents must be registered with
USA Healthcare Savings. Member may register Dependents by calling Member Services.
(e) 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.
(f) Providers are entirely independent of USA Healthcare Savings and The Capella
Group and its affiliates. USA Healthcare Savings, 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 provider health care by any Provider. USA Healthcare Savings 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 USA Healthcare Savings, its
affiliates or its contracted networks.
(g) USA Healthcare Savings 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 USA Healthcare Savings, The Capella Group, their affiliates,
nor any network accessed shall be liable for any payment to a Provider accessed
under the Program. Neither USA Healthcare Savings, The Capella Group, 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.
(h) 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.
8. Disclaimer of Warranties. USA Healthcare Savings is not a merchant,
manufacturer, or a Provider of the Services. USA Healthcare Savings 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 USA HEALTHCARE SAVINGS'S 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.
9. 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 USA Healthcare
Savings 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 USA Healthcare Savings will be cancellation
of the Program membership as provided in Paragraph 4.
10. 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 USA Healthcare Savings, addressed to
the Member, at the address shown in USA Healthcare Savings's records, or, if from
the Member, to USA Healthcare Savings at:
USA Healthcare Savings Member Services
4929 W. Royal Ln. Suite 200
Irving, TX 75063
11. 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.
12. 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: 12. Validity; Applicability.
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.
13. Governing Law. This Agreement will be governed and construed
in accordance with the laws of the State of Texas, and venue for any proceedings
shall be the State of Texas 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 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 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 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 the State of Oklahoma 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 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.
14. Waiver of Breach. A waiver by USA Healthcare Savings of a breach
of any provision of this Agreement will not be deemed a waiver by USA Healthcare
Savings of any other breach of the same or different provision.
Note to Texas Consumers: Regulated by the Texas Department of Licensing and
Regulation, P.O. Box 12157, Austin, Texas 78711; telephone: 1-800-803-9202 or (512)
463-6599; website: www.license.state.tx.us/complaints.