Membership Agreement for Veterinary Care Expense Sharing
RECITALS, DEFINITIONS & ELECTRONIC SIGNATURE NOTICE
Parties, Purpose & Effectiveness
This Membership Agreement For Veterinary Care Expense Sharing (“Agreement”) is entered into collectively between you (“You,” or “Member,”) and EZ Pet Check (“EZ Pet Check,” “EZ Pet Check Network,” “Network,” “EZ Pet Check Cost-Sharing Community,” “EPC,” “we,” “our,” or “us”). This Agreement becomes effective only when EZ Pet Check notifies you that your Membership has been processed and is active.
When you electronically sign this Agreement below, you must check the box to indicate that you acknowledge and agree that:
You are enrolling in the EZ Pet Check Cost-Sharing Membership Network.
The Member Electronically Signing this agreement understands and agrees that they are responsible and liable for the actions of any Co-Member enrolled in their Membership.
The purpose of this Agreement is to set forth the terms and conditions under which the Members of the Network and EZ Pet Check have established and will conduct a mutually beneficial relationship in which Membership Payments will be pooled and shared to take care of each other’s veterinary care expenses for their specifically identified pet, or pets enrolled in the EZ Pet Check Network (the “Covered Pet(s)”) and will accept the benefits and obligations of the Network as further described in this Agreement. This Agreement specifies the common rights and responsibilities of all Members of the Network.
Specific recurring terms are defined in this agreement with the defined term appearing in quotes within parentheses, like this: (“Defined Term”). In addition to the defined terms specified throughout this Agreement, the following key terms have the following meanings:
You are referred to in this Agreement as “you” and also as “Member,” to the extent applicable.
Other Members of the Network are referred to as “Members” or “other Members.”
In this Agreement, the Network is simply referred to as “Network.”
“EZ Pet Check Services,” or “EZ Pet Check Network,” means collectively the services and technology functions provided through EZ Pet Check, as well as any and all other web sites and subdomains or mobile apps owned or controlled by EZ Pet Check, including the content, services, and functionality offered on or through the Network and such web sites and subdomains.
Covered Pet(s) means the pet or pets that you have enrolled in the EZ Pet Check Network.
Electronic Purchase Consent
By using EZ Pet Check L.L.C.s' website to join and pay for your membership, you consent to enter into the purchase electronically and to receive electronically your contract and disclosures about the membership ("Documents"). By providing consent, you confirm that you agree to enter into the transaction electronically and to receive the documents electronically. You can withdraw your consent by calling EZ Pet Check at (866) 335-9938, but your withdrawal will not affect the validity of this transaction or receipt of the documents.
Membership is for a term of 1 Year from the date of enrollment. Membership may be canceled within three days of enrollment if you change your mind for any reason. All Members will be notified by email 30 days prior to the end of their current Membership Term. Members who do not cancel before the date listed in your account will be Auto-Renewed for another 1 Year Term.
As a Member of the EZ Pet Check Network, you agree that you will make your scheduled Membership Payment through automatic payment processing to the card you put on file during enrollment. In the event that your card is unable to be processed, you agree to add a new form of payment in your account online or to contact EZ Pet Check during normal business hours to take care of all unpaid balances.
All Members acknowledge that all Membership Payments are deposited into an account that is also used to pay for the expenses of EZ Pet Check and the Network. After the expenses of EZ Pet Check and the Network are paid, the remaining funds are dispersed to the Members through open claims. All unused funds remain in the account for future large claims and periods of heavy network usage that may be caused by illness outbreaks, natural disasters, or any other causes. In the event that there is not enough funding available in the account to maintain the expenses of EZ Pet Check and the claims submitted, then the expenses of EZ Pet Check would be maintained prior to any claims being reimbursed so the Network could remain operational. Any claims that would be left would be delayed and would be paid out as the funds become available, and in the order they were received.
Pets with pre-existing conditions are accepted into the EZ Pet Check Network. Pre-existing condition expenses are not reimbursable during the first six months of Membership. Any pre-existing condition not disclosed but found after a claim has been reimbursed must be paid back to EZ Pet Check, and Membership will be terminated. After six months of Membership, Members whose pets have pre-existing conditions are eligible for reimbursement.
Prior to being reimbursed:
All New Members have a 30 day waiting period.
All Members must pay and submit claims for $250.00 Annual Out of Pocket Expense. After the Member pays $250.00 Out of Pocket, they are eligible for reimbursement as long as all other terms have been met.
If an enrolled pet has a pre-existing condition, then six months must have elapsed since the enrollment date.
Once eligible for reimbursement, all Members will receive approximately 75% for all expenses submitted for reimbursement.
Reimbursement amounts can fluctuate +/-10% based on the average cost of service for the member’s geographical location.
EZ Pet Check may deny at its own discretion any claim that it feels is possible fraud or incorrect. All claims submitted are processed in the order they are received and must be submitted within ten days from the date of service. It is the Member’s responsibility to make sure all information submitted for claims is accurate. All claims are checked for fraud, and any suspicious claim will be delayed while it is investigated. All claims deemed as fraud will cause the Membership to be canceled, and if any reimbursements have been made to the Member, they will be required to be paid back by the Member. Any unreturned funds from a claim deemed as fraud will be turned over immediately to our legal team.
EZ Pet Check is not an insurance company, and the EZ Pet Check Cost Sharing Membership is not issued or offered by an insurance company/agent. While every effort is made to meet all Members’ pets’ medical needs, EZ Pet Check and the EZ Pet Check Cost-Sharing Community DO NOT Guarantee payment of any medical expenses. In the event that the Cost-Sharing Network Pool is low on funds, EZ Pet Check at its own discretion can temporarily stop new claims from being submitted.
Claims that have already been submitted during times of high network usage may be delayed and reimbursed to the Member over time to allow the Network to rebuild its community pool. Any time that a payment may be delayed, the Member will be notified in writing and will have the option to cancel their Membership as of the date of the notice. Claims will not be delayed by the EZ Pet Check Network without just cause.
In the event that a claim is denied, a Member can appeal the decision within 30 days of the appeal by contacting us during normal business hours. All appeals will be reviewed on an individual basis and may take up to 60 days to appeal. During the appeal process, the Member must still pay any Membership Payments that are due, and EZ Pet Check will continue to process any new claims submitted by the Member.
Any Member who files an excessive amount of claims in a short period of time may experience delays in processing while the claims are reviewed. Additional information may be requested for any claims that are questionable in nature or not informative enough for processing.
Membership Restrictions. You agree not to engage in any of the following prohibited activities: (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, money laundering, hiding or attempting to hide your identity, or (ii) misrepresenting the source, identity or content of any Member Information.
Compliance with Laws. You represent and warrant that (i) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and related rules and regulations, any and all marketing and solicitation related laws, and any and all relevant data protection or privacy laws) in your participation in this network and (ii) because you have agreed to share with other Members your Member Information and other Members have agreed to share their Member Information with you, you have the authority and written consent from the other members of your Group to access and use such information solely for the purposes permitted in this Agreement.
No Discrimination. Neither you nor any other Member shall engage in discrimination of any Member based on race, religion, national origin, sex, ethnicity, disability, gender identity, sexual orientation, age, or any other protected class, and you agree to treat everyone in your Group and the Eusoh community with respect and without judgment or bias.
This Agreement is Not Insurance: You acknowledge and agree that this Agreement is not an insurance policy, and none of the other Members of the EZ Pet Check Network or EZ Pet Check are assuming from you any financial obligation that you undertake to any veterinary or other covered care providers for your Covered Pet(s), and you remain solely liable for the payment of professional fees and expenses you incur for such services.
Relationship of the Members: You acknowledge and agree that the relationship of the parties to this Agreement (EZ Pet Check, other Members of EZ Pet Check, and You the Member) is and shall be that of a voluntary association. This Group or part of is not a separate legal entity, and this Agreement does not create a partnership or joint venture. Neither you nor any other Member can bind another Member or create any relationship of principal or agent.
Term & Termination
Term: The Term of this Agreement will commence when you receive the notification from EZ Pet Check that your Membership has become active and shall continue for one (1) year thereafter (the “Term”).
Individual Member Termination: Your Agreement shall automatically terminate at any time during the Term in the event that (a) you notify any other Members of the Network through the EZ Pet Check Membership Platform of your election to withdraw from the Network, (b) you fail to maintain your Membership through your Monthly Payment, as required, (c) you fail to maintain in good standing or otherwise terminate your Membership, (d) you engage in any fraudulent, abusive, or illegal activity in connection with this Network or any of its Members, or (e) it becomes apparent you misrepresented information in your membership Enrollment. No pending Reimbursement Requests will be processed for a terminating Member following automatic termination under this Section.
If you engage in any fraudulent, abusive, or illegal activity in connection with your Membership that results in termination, you agree to defend, indemnify and hold harmless each of the other members of the Network and EZ Pet Check from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) (collectively, “Losses”) arising from your Terminating Misconduct.
YOUR MEMBERSHIP IN THE EZ PET CHECK NETWORK IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. USE OF YOUR MEMBERSHIP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR MEMBERSHIP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EZ PET CHECK AND ITS OTHER MEMBERS DO NOT WARRANT THAT YOUR EZ PET CHECK MEMBERSHIP WILL MEET YOUR REQUIREMENTS. EZ PET CHECK OR ITS OTHER MEMBERS DO NOT WARRANT OR GUARANTEE THAT YOU WILL RECEIVE ANY CERTAIN AMOUNT OF REIMBURSEMENTS FOR SHARABLE EXPENSES OR THAT YOU WILL RECEIVE PAYMENT AT ALL FROM MEMBERSHIP IN THE NETWORK, AND THE OTHER MEMBERS OF THE NETWORK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LACK OF SUCCESS OF ANY REIMBURSEMENT REQUEST BY YOU FOR PAYMENT OF SHARABLE EXPENSES OR DELAY IN RECEIPT OF PAYMENT FOR ANY SHAREABLE EXPENSES. THE OTHER MEMBERS OF EZ PET CHECK DO NOT MAKE ANY ENDORSEMENTS OF ANY PARTICULAR MEMBER, NOR ARE YOU ENDORSING ANY OTHER MEMBER. ALL MEMBERS EXPRESSLY DISCLAIM ASSUMPTION OF ANY LIABILITY OR RESPONSIBILITY FOR EXPENSES YOU INCUR TO PROVIDE VETERINARY CARE FOR YOUR COVERED PET, AND FOR THE SUCCESS OF ANY REIMBURSEMENT REQUEST.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR MEMBERSHIP IN THE EZ PET CHECK NETWORK IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY MEMBER BE LIABLE TO ANOTHER MEMBER UNDER THIS MEMBERSHIP AGREEMENT FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law; Alternative Dispute Resolution & Class Action/Jury Trial Waiver
Governing Law: This Agreement shall be governed by the laws of the State of Tennessee, without respect to its conflict of laws principles.
Alternative Dispute Resolution: Before resorting to any legal action against any Member of the Network or EZ Pet Check to resolve a dispute under this Agreement, you agree to first tender the dispute through EZ Pet Check and their dispute team to attempt to achieve a negotiated resolution. EZ Pet Check may contact other Members of the Network and may suggest that the Members select a subcommittee from the Members of the Network to mediate and resolve the issue.
Class Action/Jury Trial Waiver: TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO ALL PERSONS, ALL CLAIMS MUST BE BROUGHT IN THE MEMBER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EACH OTHER MEMBER OF YOUR GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO RESOLVE CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by any Member. Your membership in the Network is personal to you and to your Covered Pet(s). Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any Member’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability: If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Electronic Signature: This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
Counterparts must be executed and delivered by electronic signature through EZ Pet Check, which is accessible through your EZ Pet Check Online Account. From and after the effective date of this Agreement, a fully executed copy of this Agreement will be available to all Members through their EZ Pet Check Account and will be available in the footer of the EZ Pet Check website. Any Members accessing the fully executed copy of this Agreement through their EZ Pet Check Account may rely on the receipt of the document so executed and delivered as if the original had been received.
Entire Agreement: This Agreement, together with all agreements or documents incorporated by reference, any and all amendments, shall constitute the entire agreement between you, all other Members of the Network, and EZ Pet Check concerning your participation in the Network and your rights and responsibilities to all other Members of the Network formed through EZ Pet Check.
Miscellaneous: (1) By providing information EZ Pet Check L.L.C. Requests, you agree that EZ Pet Check may contact you via mail, phone or email to let you know about your account, offers and events; and you further agree that any debt collection agency or any attorney hired by us to collect a debt may contact you by the same means in an effort to recover any unpaid portion of your obligation incurred hereunder; (2) EZ Pet Check L.L.C. May sell or transfer this agreement at any time, but you may not sell or transfer this agreement; (3) EZ Pet Check may delay or waive enforcement of any of the provisions of this agreement, including your promise to make timely payment, without losing its right to enforce the same on any other provision later; (4) This agreement contains all of the agreements between the parties with respect to the subject matter to this agreement and may be assigned to you; and (5) should any term herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect. (6) Should EZ Pet Check dissolve the company in whole, all open balances will still be collected at the then Monthly Payment Amount until Paid in Full unless full payment is made in one lump sum by the Member after notice of the company being dissolved. Any Member who refuses to pay after the company is dissolved would still be sent through the collection process and possible garnishment. (7) All Members would be given written notice before the company would be dissolved to allow them time to submit their eligible claims.
Effect of Default
Our Rights: If you are in default, we may suspend or close your account, require you to pay the full amount you owe immediately, or take any other action permitted by law. This may happen without prior notice unless otherwise required by applicable law. If we exercise our rights, this agreement will continue to apply to your account. By submitting your Membership Enrollment, you agree that you consent and understand that all your account information will be shared with any third party necessary to maintain your Membership, including but not limited to payment processors, payment card distributor, collection agency, attorneys, courts, Veterinarian Clinics, etc.
Collection Costs: You agree to pay all costs of collection (including reasonable attorneys' fees and expenses) if we take any action to collect this Account after default and to the maximum amount permitted by applicable law if permitted. A fee of up to 35% of your Total Balance Due will be charged in the event that your account is sent to our legal department.
You will be in default if you:
A. Your Credit/Debit Card payment can not be processed when due;
B. Violate, or are unwilling or unable to perform, any provision of this agreement;
C. Pass away or become incompetent;
D. Become the subject of bankruptcy or insolvency proceedings;
E. Supply us with any misleading, false, incomplete, or incorrect information or signature, or fail to supply us with any information we deem necessary;
F. Default under any other agreement or account you have with us or any of our affiliates;
G. Give us a payment returned unpaid by your bank or financial institution for any reason.
Termination: We may terminate your account or this agreement at any time for any reason without prior notice, subject to limitations of applicable law. After termination, you will not be able to make new purchases, but you will still have to pay any remaining balance in full. All other provisions of this agreement will continue to apply.
How you agree to this agreement: You agree to the terms of this agreement, and you make the promises it contains by either completing the membership sign-up form and accepting an account or making a purchase using your membership after receipt of this agreement. A copy of this agreement will be included in your New Member Kit, and a new copy will be emailed to you after any revisions.
Your Contact Information: You promise to promptly notify us if you change your mailing address, email address, or telephone number. In doing so, you agree that you will not give us false information or signatures, electronic or otherwise, at any time.
Age and Residency: You promise that you are of legal age in the state where you reside and are a resident of the U.S. when you accept this agreement and enroll.
Signing This Agreement
By electronically signing this Agreement as required, you signify that you have read, understood, and agree to be bound by this Agreement and any and all future modifications to this Agreement and have consented to the collection, use, and sharing of certain veterinary care expense information with and among EZ Pet Check, other Members of your Group and any third-party companies deemed necessary to maintain your Membership with EZ Pet Check.
BEFORE SIGNING THIS AGREEMENT, PLEASE READ THIS AGREEMENT COMPLETELY AND CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. DO NOT SIGN THE AGREEMENT IF YOU DON’T UNDERSTAND IT, OR IF YOU HAVE DECIDED NOT TO JOIN THE EZ PET CHECK NETWORK.
Until you electronically sign this agreement, You are under no obligation to the network and are not entitled to any SHARING benefits from MEMBERSHIP In the EZ Pet Check Cost-Sharing Network.
IN ADDITION, CONSISTENT WITH THE COMMUNAL PURPOSE OF THIS AGREEMENT, PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ALTERNATIVE DISPUTE RESOLUTION PROVISIONS AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS THAT REQUIRES THE USE OF ALTERNATIVE DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.