Terms of Service: Network Provider updated June 4, 2019
*In using this website you are deemed to have read and agreed to the following terms and conditions and it understood that you can cancel at any time:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Terms of Services: “Provider”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Novus Medical Group, Inc. and all subsidiary entities. “Party”, “Parties”, or “Us”, refers to both the Client (Members/Patients) and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Federal and/or State Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Company is an organization offering insurance programs and insurance-related plans within the Wellness field of healthcare delivery, including Wellness treatments, therapies, and supplements; additionally, other alternative treatments such as the use of Cannabidiol and Medical Marijuana (“MMJ”) by patients throughout the United States where MMJ is legal. You attest by your agreement to participate as a Network Provider you are a duly licensed, certified, or otherwise authorized to operate in the state(s) that you provide Wellness treatments, therapies, and supplements, including alternative therapies such as MMJ, where MMJ is legal; and you wish to provide these to The Company’s members.
Therefore, in consideration of the mutual promises and covenants herein, the parties agree as follows:
The term of this Agreement shall be on a month to month basis from the Effective Date and thereafter shall automatically renew every month for successive periods of one (1) year each unless either party provides written notice of nonrenewal to the other at least fourteen days (14) before the end of the then current (initial or renewal) term or this Agreement is otherwise terminated pursuant to Paragraph 9 of this Agreement.
For the term of this Agreement and for two (2) years thereafter, Provider and its agents, employees, affiliates and subcontractors shall not engage in steering or otherwise directly or indirectly solicit any The Company member to join a competing health plan or discount plan or induce any The Company member to cease doing business with The Company.
With the exception of the principles applying to the conflict of laws, this Agreement shall be governed by and shall be construed in accordance with, the laws of the aforementioned state, United States of America.
This Agreement represents the entire understanding and agreement between the parties and supersedes all previous negotiations and understandings between them with respect to its subject matter. Further, this Agreement supersedes all previous agreements between the parties with regard to its subject matter and those agreements are now terminated and of no further effect.
We are committed to protecting your privacy, which Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Certain Regulatory Authorities have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Provider shall keep strictly confidential and shall not disclose any information it obtains pursuant to this Terms of Service, including, but not limited to, all patient information contained in The Company’s database, unless disclosure of such information is in the proper course of discharging the Network Provider’s obligations under the Terms of Service or is required by law. The parties further agree as follows:
The information on The Company’s web site(s) is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
Neither party shall be liable to the other for any failure to perform any obligation under any Terms of Service which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an Terms of Service or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Terms of Service contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Terms of Service or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Terms of Service. No waiver of any of the provisions of this or any Terms of Service shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the State of Florida govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Terms of Service, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Terms of Service or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
These terms and conditions form part of the Terms of Service between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Terms of Service indicates your understanding, Terms of Service to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Where there are applicable laws and regulations governing professional liability insurance, and insurance-related products, Provider shall comply and represents and warrants at all times that Provider is in compliance, with such laws and regulations. Provider shall inform The Company immediately in the event any of the aforesaid insurances are revoked or canceled.
Access to this website is an exclusive arrangement between The Company within the Provider’s state. Provider shall not enter into any Terms of Services or arrangements, whether written or oral, with any other health insurance and/or health insurance related medical plans and/or other organization within the health care insurance field and/or any other company offering medical discounts in the contracted state, for six (6) months from the date of termination of the Terms of Service.
Provider shall not refer The Company’s members to any competing companies. In each instance in which Provider intends to provide additional products or services, which are not contained in the Service/Products listed in Exhibit A hereto, Provider shall immediately notify The Company, and give The Company the first right of refusal to have the applicable product or service included as an additional product or service under this Terms of Service.
The Company shall maintain its member information and/or medical records in accordance with all applicable laws, including Federal and State laws related to privacy and confidentiality of member information and medical records, including HIPAA, and shall use and disclose such information or records only in accordance with applicable law and its program requirements.
Provider shall comply with applicable laws designed to prevent or ameliorate fraud, waste, and abuse, including applicable provisions of Federal criminal law, the False Claims Act (31 USC §§ 3729 et. seq.), and the anti-kickback statute (Section 1128B(b) of the Social Security Act).
In connection with the Terms of Service, neither The Company nor its affiliates may disclose to Provider, directly or indirectly, certain information that The Company or its affiliates have taken reasonable measures to maintain as confidential and which derives independent economic value from not being generally known or readily ascertainable by the public (“Proprietary Information”).
Proprietary Information includes member lists, the compensation provisions of the Terms of Service, and other information relating to The Company’s or its affiliates’ business that is not generally available to the public. Provider shall, and shall require its agents, employees, affiliates and subcontractors to, hold in confidence and not disclose any Proprietary Information and not use Proprietary Information except (a) as expressly permitted under the Terms of Service, or (b) as required by applicable law or legal or regulatory process. Provider shall, and shall require its agents, employees, affiliates and subcontractors to, provide The Company with prior written notice of any such disclosure required by applicable law or legal or regulatory process so that The Company can seek an appropriate protective order. Any affiliate can only market to states where Novus MedPlan is licensed. Provider and Members can only sign up in states where Novus MedPlan is licensed.
Provider shall, and shall require its agents, employees, affiliates and subcontractors, to disclose Proprietary Information only in order to perform their obligations under the Terms of Service, and only to persons who have agreed in writing to maintain the confidentiality of the Proprietary Information. The requirements of the Terms of Service regarding Proprietary Information shall survive expiration or termination of the Terms of Service.
In connection with the Terms of Service, neither The Company nor its affiliates may disclose directly or indirectly, certain information that Provider or its affiliates have taken reasonable measures to maintain as confidential and which derives independent economic value from not being generally known or readily ascertainable by the public (“Proprietary Information”).
Either party may immediately terminate this Terms of Service upon written notice to the other party upon the occurrence of any of the following material breaches:
If either Party shall breach any material obligation required under this Terms of Service, the other Party must give prompt written notice describing in detail the breach and its intention to terminate this Terms of Service if the breach is not cured. If the breaching Party fails to cure such material breach within thirty (30) days following such Notice, or if such breach is not capable of cure within such thirty (30) day period, then the non-breaching Party may, in addition to all other remedies available at law or in equity, terminate this Terms of Service upon written notice of final termination to the breaching Party.
Upon expiration or termination of the Terms of Service, The Company will communicate such expiration or termination to its members as required by and in accordance with applicable laws and program requirements. Provider shall obtain The Company’s prior written approval of any communications from Provider to The Company’s Members regarding the expiration or termination of this Terms of Service.
The parties hereto are independent contractors. This Terms of Service shall not be deemed to create a partnership or joint venture, or an employment or agency relationship between the parties. Neither party has the right or authority to assume or create any obligation or responsibility on behalf of the other. Neither party is liable for the acts of the other.
The Company and Provider each represents and warrants that it is in compliance with all statutory, regulatory and other legal requirements applicable to each of them to perform their respective obligations under this Terms of Service. Each party shall require that their respective agents, employees, affiliates and subcontractors act with honesty and integrity and that they avoid conflicts of interest. Each party hereto shall promptly advise the other in writing of the coming into effect of any statute, regulation, rule or amendment which it may become aware of which may affect either party in its abilities to discharge its duties and obligations under this Terms of Service or require it to take action related thereto.
Both Provider and The Company shall mutually indemnify and hold each other harmless from and against any claims, demands, actions, causes of action, omission(s), damages, losses, costs, liabilities or expenses whatsoever incurred by either party as a result of claims arising in relation to the performance of this Terms of Service or from any breach of this Terms of Service or from any negligent or willful act of the other party, its officers, employees, agents, affiliates or sub-contractors.
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