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THIS PROGRAM IS NOT A HEALTH INSURANCE POLICY. It provides discounts at certain
health care providers for medical services. This program does not make payments
directly to the provider of services. The program member is obligated to pay for
all services but will receive a discount from those providers who have contracted
with the Discount Medical Plan Organization, The AMICUS Program Group:
2153 East Main Street
Suite C14
PMB 303
Duncan, South Carolina 29334
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 Handbook, which is incorporated into
this Agreement by reference. Members are entitled to receive certain Services
from Providers at predetermined rates 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 kit and
are subject to change, modification, or substitution by AMICUS 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 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 telephone a Member Services Representative at the toll-free number on the
Membership ID Card.
2. 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 AMICUS’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,semi-annual, or annual options. Member
may change the Membership Term by calling Member Services before the new Membership
Term at the number on the Membership ID card.
3. AUTOMATIC RENEWAL OF MEMBERSHIP TERM
At the conclusion of the Membership Term, membership in the Program will be renewed
automatically unless the Member notifies AMICUS, either by telephoning a Member
Services Representative at the number on the Membership ID Card or by providing
written notification to AMICUS before the new Membership Term, that he/she wishes
to cancel his/her Membership in the Program. In addition to providing notification
to AMICUS in order to terminate his/her membership, the Member also must return
his/her Membership ID Card to AMICUS before the new Membership Term. If the Member
either fails to notify AMICUS of his/her election not to continue the membership
and/or fails to return the Membership ID Card as required herein, membership in
the Program will be renewed automatically and the Membership Fee for an additional
term will be charged 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 telephone a Member Services Representative
at the number on the Membership ID Card.
4. 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 AMICUS
in writing or by telephoning a Member Services Representative at the number on
the Membership ID Card and by immediately returning his/her Membership ID Card
to AMICUS. A Member may cancel within the first 30 days from the Receipt of Membership
card and/or fulfillment materials, the Member will receive a full refund of the
membership fee, less shipping, handling and processing incurred by AMICUS. If
the Member cancels after the first 30 days, Membership in the Program will terminate
at the end of the Membership Term following the date that AMICUS receives the
notice of cancellation. If the billing frequency is greater than monthly (i.e.
semi-annually or 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.
5. COMPLAINT PROCEDURE
Any complaint regarding Program Membership should be directed to Member Services
at the toll-free number on your ID Card or in writing to the address shown in
#10 below.
6. MEMBERSHIP PAYMENT/BILLING
Unless payment is made by check (other than a direct debit), payment of the initial
Membership Fee and any renewal Membership Fee will be made automatically 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 AMICUS 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 AMICUS to bill and receive payment for the Membership
Fee as set forth in this Agreement. AMICUS reserves the right to increase the
Membership Fee for a future Membership Term, in which case the Member will be
notified and the Membership Fee increased, which will be effective upon renewal
of the Program Membership.
7. MEMBER ACKNOWLEDGEMENTS
(a) Unless the Member cancels his/her membership in accordance with Paragraphs
3 and 4 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 debit to his/her
checking account (other than a direct debit). If the payment was made by check,
Member will receive a bill for the Membership Fee.
(b) 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
AMICUS. Member agrees that he/she will use his/her Program Membership only for
his/her personal benefit or for the benefit of his/her Family Members (if Family
Program is elected). "Family Members" are family members living with the Member
or family members not living with the Member who are financially dependent upon
the Member. A Member’s violation of this Paragraph 7(d) may, at the discretion
of AMICUS, result in immediate termination of the Program Membership.
(c) AMICUS bears no responsibility for the payment of (or contribution to) any
use, sales or other tax that may be imposed on the Services by any federal, state
or other taxing authority. Payment of such taxes will remain the sole responsibility
of the Member or the Provider of the Services, as applicable.
(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) All Providers and/or vendors are independent contractors, and AMICUS is in
no way responsible for the Services provided by a Provider or vendor.
(f) 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.
8. DISCLAIMER OF WARRANTIES
AMICUS is not a merchant, manufacturer, or a provider of the Services. AMICUS
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 SHOULD NOT RELY ON AMICUS’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 cancelled, 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.
9. GENERAL RELEASE
Each Member, for himself/herself, and on behalf of any Family Member who uses
the Services under the Program membership ("Membership Participant"), hereby forever
releases, acquits and discharges each of AMICUS 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 AMICUS 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 addressed to the Member, at the address shown in AMICUS’s records, or from
the Member to AMICUS, at:
Amicus Program Group, LLC
2153 East Main Street
Suite C14
PMB 303
Duncan, South Carolina 29334
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.
13. GOVERNING LAW
This Agreement will be governed and construed in accordance with the laws of
the State of Delaware regardless of any application of principles regarding conflicts
of laws.
14. HEADINGS
The headings or captions provided throughout this Agreement are for reference
purposes only and will in no way affect the meaning or interpretation of this
Agreement.
15. AMENDMENT
This Agreement may be amended only in writing executed by the parties.
16. WAIVER OF BREACH
A waiver by AMICUS of a breach of any provision of this Agreement will not be
deemed a waiver by AMICUS of any other breach of the same or different provision.
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