Terms of Use
Website Terms of Use
The Instinctive Healthpass website located at instinctivehealthpass.com is a copyrighted work belonging to Instinctive Healthpass. Certain features of the site may be subject to additional guidelines, terms or rules which will be posted on the Site in connection with such features.
This product is not insurance. Benefits are only available at participating facilities and apply only to services those facilities have independently designated as covered under the program.
Radiology interpretation (reads) of imaging may not be covered under the program, as coverage depends on the specific agreements each facility has with their radiology reading groups.
The program does not offer any money-back guarantees. Once your subscription fee is approved, your account remains active for 12 months. If there is a changes in your insurance, the program will recalculate your subscription price based on the updated insurance details. If you cancel your subscription, all future visits will be billed at the facility’s standard rates effective from the date of cancellation.
All such additional terms, guidelines and rules are incorporated by reference into these Terms.
Access to the Site
Subject to these Terms, Company grants you a n on-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
- Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions:
- You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
- You shall not change; make derivative works of disassemble, reverse, compile or reverse engineer any part of the Site;
- You shall not access the Site in order to build a similar or competitive website; and d. except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated; any future release, update or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
The Company reserves the right to change, suspend or cease the Site with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption or termination of the Site or any part thereof.
No Support or Maintenance. You agree that the Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by the Company or Company’s suppliers. Note that there Terms and access to the Site do give you any rights expressed in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.
This-Party Links and Ads; Other Users
The Site may include links to third-party websites or services, as well as advertisements from third parties. These third-party links and ads are not controlled by the Company, and the Company is not responsible for their content, policies, or practices. They are provided solely for your convenience. The Company does not review, endorse, approve, monitor, or make any warranties regarding these third-party links and ads. Your use of any third-party content is at your own risk, and you should exercise appropriate caution and judgment. When you access third-party sites or services, their terms, conditions, and privacy pEach user of the Site is solely responsible for their own content. Because we do not control user generated content, you acknowledge and agree that the Company is not responsible for any such content, whether submitted by you or others. You further agree that the Company is not liable for any loss or damage that may result from your interactions with other users of the Site. In the event of a dispute between you and another user, the Company has no obligation to intervene or become involved.
By using the Site, you release and discharge the Company, along with its officers, employees, agents, successors, and assigns, from any and all past, present, and future disputes, claims, demands, liabilities, and causes of action—whether known or unknown—arising directly or indirectly out of or related to the Site or your use of it.
If you are a California resident, you expressly waive Section 1542 of the California Civil Code, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Disclaimers of Warranties
The Site is provided on an “as is” and “as available” basis. The Company and its suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied, or statutory. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We and our suppliers do not guarantee that the Site will meet your requirements; that it will be available without interruption, on time, securely, or without errors; or that it will be accurate, reliable, free of viruses or other harmful components, complete, lawful, or safe. If applicable law requires any warranties with respect to the Site, such warranties are limited to a period of ninety (90) days from the date of your first use.
Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitations of Liability
To the fullest extent permitted by law, the Company and its suppliers shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages—including, but not limited to, lost profits, lost data, the cost of obtaining substitute products, or any other damages—arising out of or related to these Terms or your use of, or inability to use, the Site, even if the Company has been advised of the possibility of such damages.
You access and use the Site at your own discretion and risk. You are solely responsible for any damage to your device or computer system, or loss of data, resulting from such use.
To the maximum extent permitted by law, and regardless of any contrary provision in this agreement, the Company’s total liability to you for any claim arising out of or related to these Terms will not exceed fifty U.S. dollars (U.S. $50.00). The existence of more than one claim will not increase this limit. You agree that our suppliers shall have no liability whatsoever arising from or relating to these Terms.
Note: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Term and Termination
These Terms will remain in full force and effect while you use the Site, unless and until terminated in accordance with this section. We reserve the right to suspend or terminate your access to the Site at any time, for any reason, at our sole discretion, including if we believe you have violated these Terms.
Upon termination of your rights under these Terms, your account and your ability to access or use the Site will immediately end. You understand that such termination may involve the deletion of your User Content from our live systems. The Company will not be liable to you for any such termination.
The following sections will survive termination of your rights under these Terms: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Infringement Policy
We respect the intellectual property rights of others and expect users of our website to do the same. In accordance with copyright law, we have adopted and implemented a policy that provides for the removal of content that infringes on the copyrights of others and, when appropriate, the termination of repeat infringers.
If you believe that your copyrighted work has been used on our site in a way that constitutes copyright infringement, you may submit a written notice pursuant to 17 U.S.C. § 512(c) to our designated Copyright Agent. Your notice must include the following:
- Your physical or electronic signature;
- A clear identification of the copyrighted work(s) you claim have been infringed;
- Identification of the material you believe to be infringing, including enough detail to help us locate it on our site;
- Your contact information, including your address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, their agent, or the law;
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Important Note: Under 17 U.S.C. § 512(f), anyone who knowingly misrepresents material information in a copyright infringement notice may be liable for damages, including costs and attorney’s fees, incurred by us in connection with the claim.
General OR MODIFICATION OF THESE TERMS
We may revise these Terms from time to time. If any substantial changes are made, we may notify you by (i) sending an email to the last email address you provided or (ii) prominently posting a notice on our website. You are responsible for keeping your email address current. If the last email address you provided is invalid, our dispatch of the email notice will still constitute effective notice of the changes.
Unless otherwise specified, any changes will become effective on the earlier of:
- Thirty (30) calendar days after we send the email notification, or
- Thirty (30) calendar days after we post the notice on our website.
Changes will apply immediately to new users. Continued use of the website after notice of changes constitutes your acknowledgment and acceptance of the updated Terms.
Dispute Resolution — Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. It includes a MANDATORY BINDING ARBITRATION clause and a CLASS ACTION WAIVER, which impact your legal rights.
Applicability of Arbitration Agreement. All disputes or claims related to these Terms or to any services or products provided by the Company that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis. This Arbitration Agreement applies to both you and the Company, including its affiliates, agents, employees, predecessors, successors, and assigns, as well as any beneficiaries or users of the services. Arbitration proceedings will be conducted in English unless both parties agree otherwise.
Notice and Informal Resolution. Before initiating arbitration, either party must provide a written Notice of Dispute outlining the nature of the claim and the relief sought. Notices to the Company should be sent to: Instinctive Healthpass, 9700 North Saguaro Blvd., Fountain Hills, Arizona 85268.
After receipt of the notice, both parties will have 30 days to attempt to resolve the dispute informally. If unresolved, either party may initiate arbitration. Settlement offers made during informal resolution may not be disclosed to the arbitrator until a final award is determined.
Arbitration Rules Arbitration will be administered by the American Arbitration Association (AAA) using its Consumer Arbitration Rules (available at adr.org or 1-800-778-7879). If AAA is unavailable, the parties will agree on an alternative arbitration provider.
A single neutral arbitrator will oversee the arbitration. For claims under $10,000, arbitration may occur through non-appearance methods (phone, online, or written submissions), at the initiating party’s choice. For claims over $10,000, the right to a hearing will be determined by the arbitration rules. Hearings will occur within 100 miles of your residence (unless outside the U.S.), unless otherwise agreed.
The arbitrator’s award may be entered in any court with jurisdiction. If the arbitrator awards you more than the last written settlement offer from the Company, we will pay you the greater of the award or $2,500. Each party is responsible for its own costs, and both will share the arbitration provider’s fees equally.
Non-Appearance Based Arbitration. If selected, non-appearance arbitration will be conducted via telephone, online, or written submissions only, unless the parties agree to include witnesses or personal appearances.
Time Limits for Arbitration. Any arbitration must be initiated within the applicable statute of limitations and within the deadlines established by the rules of the American Arbitration Association (AAA) for the specific claim.
Authority of the Arbitrator. The arbitrator has the exclusive authority to resolve all disputes and determine the rights and responsibilities of both you and the Company. Arbitration will proceed on an individual basis and will not be combined with any other cases or parties. The arbitrator may rule on dispositive motions; award monetary damages and non-monetary remedies permitted by law, AAA Rules, and these Terms; and/or issue a written decision with the essential findings and legal conclusions supporting the award. The arbitrator’s decision is final and binding on both parties and may be enforced in any court with appropriate jurisdiction.
Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL. By agreeing to these Terms, both parties choose to resolve all claims through arbitration instead of litigation. Arbitration is generally faster, less formal, and less costly than a court trial. Should litigation occur for purposes such as enforcing an arbitration award, both parties waive the right to a jury trial in favor of a judge-only proceeding.
Waiver of Class or Consolidated Actions. All claims must be brought individually. You and the Company agree not to bring or participate in class actions or consolidated proceedings, whether through arbitration or court. Claims involving more than one user cannot be combined or litigated jointly.
Confidentiality of Arbitration. All arbitration proceedings are strictly confidential. Neither party may disclose any details of the proceeding, including evidence, testimony, or awards, unless required by law or necessary to enforce the arbitration award or seek equitable relief in court.
Severability. If any part of this Arbitration Agreement is found to be invalid or unenforceable, that part will be severed, and the rest of the agreement will remain in full force and effect.
Right to Waive. The party against whom a claim is asserted may waive any provision of this Arbitration Agreement, either partially or entirely. However, such a waiver does not affect the enforceability of any other part of the agreement.
Survival of Agreement. This Arbitration Agreement survives the termination of your relationship with the Company.
Small Claims Court. You or the Company may pursue an individual claim in small claims court, regardless of this Arbitration Agreement.
Emergency Equitable Relief. Either party may seek emergency equitable relief in a court of law to preserve the status quo pending arbitration. This does not waive any other rights under the Arbitration Agreement.
Claims Not Subject to Arbitration. The following types of claims are not subject to arbitration: ● Defamation
- Violations of the Computer Fraud and Abuse Act
- Infringement or misappropriation of patents, copyrights, trademarks, or trade secrets
Jurisdiction for Permitted Litigation. In any circumstance where arbitration is not applicable or enforceable, both parties agree to submit to the personal jurisdiction of the courts located in Netherlands County, California.
Export Compliance. This Site may be subject to U.S. export control laws and may also be subject to the export or import regulations of other countries. You agree not to export, re-export, or transfer any U.S. technical data or products acquired from the Company in violation of U.S. or international laws.
If you are a California resident, you may report complaints to the:
Complaint Assistance Unit
California Department of Consumer Affairs
400 R Street, Sacramento, CA 95814
Phone: (800) 952-5210
Electronic Communications. By using the Site or communicating with us electronically, you consent to receive all communications in electronic form. This includes agreements, notices, disclosures, and other information, which will satisfy any legal requirement that such communications be in writing.
Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding use of the Site. They supersede all prior agreements or understandings, whether written or oral.
- Our failure to enforce any provision will not be considered a waiver.
- Section titles are for convenience only and have no legal effect.
- “Including” means “including without limitation.”
- If any provision is held invalid or unenforceable, it will be modified to be enforceable to the extent allowed by law, and the remaining provisions will remain in full force.
- Your relationship with the Company is that of an independent contractor.
- You may not assign, delegate, or transfer your rights under these Terms without prior written consent. Any attempt to do so is void.
- We may freely assign or transfer these Terms.
Your Privacy. Please review our Privacy Policy for information on how we collect, use, and share your data.
Copyright and Trademark. All content on the Site is protected by copyright. All trademarks, logos, and service marks are the property of the Company or third parties. You may not use them without prior written consent.