XpressHealthcare/CARExpress Member Terms and Conditions

1. Member understands that CARExpress is NOT an insurance program.  No payments to medical providers or members will be made by CARExpress.

2. CARExpress provides savings to its members on health services through a number of medical networks. In order to access these networks and the related discounts, member or member’s dependents must be a member in good standing, meaning their current membership status is active and their CARExpress membership payment is current. Payments on all medical bills are due and payable at the time of service. Member is required to pay the entire amount of the discounted rate. The member has no out-of-network benefits and must use a contracted provider in order to receive any savings. The range of discounts for medical or ancillary services provided under the program will vary depending on the type of provider and medical or ancillary service received.

3. Neither CARExpress nor any of its affiliates, nor any network accessed shall be liable for any payment to a provider accessed under the CARExpress program, or any refusal of participating providers to accept the network rates offered under this program. CARExpress savings, its affiliates or any network accessed is not an insurer, guarantor or underwriter of the responsibility or liability of Member for Member’s or Member’s dependent’s medical care or any other goods or services provided to Member or Member’s dependents.

4.The providers listed in the CARExpress on-line directory are subject to change without notice. Member may visit us on-line at www.carexpresshealth.com or call the provider referral line at 1-866-635-9532 for current provider information.

5. Participating medical providers are independent contractors and, CARExpress and its affiliates and its contracted networks are not responsible for health care provided or the omission of the provision of health care by any provider.  CARExpress 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 a 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 CARExpress, its affiliates or its contracted networks.

6. Termination: CARExpress reserves the right to terminate any member for failure to pay a medical provider accessed under the CARExpress medical savings program under the terms provided. CARExpress may also terminate any member for failure to pay their monthly or annual membership fee when due and payable. If a member fails to make payment upon the second day after the CARExpress membership fee is due and payable, member can be moved to inactive status until such payment is received and brings their CARExpress membership current. If CARExpress terminates a member for any reason other than non-payment of fees by the member, CARExpress will make a prorated reimbursement of all periodic charges to the member.

7. Cancellation: Members may cancel their membership within 30 days after joining a CARExpress program and receive a refund of all membership fees paid to CARExpress other than money paid as a nominal one-time enrollment fee or money paid by the member to a provider for health care services or products received. Thereafter, members may cancel their CARExpress program at any time by providing written notice to CARExpress and returning their membership cards, and CARExpress will cease collecting membership fees in a reasonable amount of time, but no later than 30 days after receiving a valid cancellation notice.

8. Entire Agreement: All provisions under this Agreement constitute the entire Agreement between CARExpress and the Member. If any provision is declared void under the law, that provision is severable and the remainder of this Agreement shall remain in full force and effect.

9. Membership Card: Member will be provided with a Membership Card. Such card and other forms of identification should be carried by the Member at all times to provide proof of the right to Eligible Services under the Membership Agreement. A new CARExpress membership card and materials will be provided to new members no later than 15 days after enrolling in the program.

10. Add/Remove Dependents: Members may call the CARExpress customer service #1-866-635-9532 in the event they need to add or delete dependent information.  It will take up to 72 hours for the membership change to take effect.

11. Renewal: To insure quality uninterrupted service, your CARExpress membership will be automatically renewed upon expiration each year and the current membership fee will be billed in accordance with your current payment method.  If an automatic payment method is not indicated, then a renewal notice will be sent to the member to notify them of the upcoming expiration date and renewal procedure.

12. Complaint Procedure: Should a member have a question, concern or complaint regarding the CARExpress program, providers or procedures, contact should be made immediately either in writing or by telephone to the CARExpress customer service center. CARExpress will acknowledge each complaint in writing within 5 business days and shall investigate each complaint and provide the complainant with the results of its investigation no later than the 30th calendar day after the date CARExpress received the complaint. In the event that the problem surrounds the services received from a provider, the member must look solely to the provider of the benefit for rectification. CARExpress does not give any warranty for any benefits or services obtained.

13. Limitations, Exclusions or Exceptions: Since CARExpress is a discount health savings program and not insurance, there are no applicable limitations, exclusions or exceptions other than that the program requires a member to use a participating provider in order to receive their savings and they must be a member in good standing as detailed above.

14. Utah Residents: This program is not protected by the Utah Life and Health Guaranty Association.

15. Maryland Residents: Some discounts under the Physician and Hospital Referral Plan benefit are not applicable in Maryland. Discounts are not available for all In-Patient procedures and certain Out-Patient Procedures under Maryland law. Out patient procedures at network hospitals such as laboratory and diagnostics services are eligible for the discount

16. Note to Texas Consumers: Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; Telephone: (800) 803-9202 or (512) 463-6599; Website: www.license.state.tx.us/complaints.

17. Contact Xpress Healthcare With Any Questions Or Concerns:
Xpress Healthcare LLC 1051 Mill Creek Dr. Feasterville PA 19053 CC: Dan Gambardello/Ed Pettola 215-794-7321

XpressHealthCare LLC

1051 Mill Creek Dr. Feasterville, PA 1905

Affiliate Business Owner Application and Terms and Conditions

I acknowledge that I have carefully read all of the Terms and Conditions. I understand the Terms and Conditions contained herewith along with the Policies and Procedures, which by reference are fully incorporated in this document, and agree to be bound by them.

ABO understands and agrees that the CARExpress Programs and ABO opportunities are health membership programs and are NOT health insurance programs. ABO shall not market or promote the CARExpress Programs as, or represent in any way that the CARExpress Programs are, health insurance programs or a substitute for basic health insurance programs.

1. First and foremost, Xpress Healthcare is a company built and founded upon integrity and honesty. Xpress Healthcare has a commitment to the betterment of business and the population. I commit to this structure of integrity and honesty and will work to my fullest potential to preserve these fundamental values. If at anytime these values are compromised I will address whatever problem is compromising these values. I will work to the betterment of the company and I will not make any attempt to destroy the company, other company associates, or the company name.

2. I certify that I am at least 18 years of age (or age of majority) and understand the Agreement is not binding until received and accepted by Xpress Healthcare

3. I agree to operate my business in accordance with all the rules, regulations, policies and procedures as set forth by Xpress Healthcare in its Statement of Policy & Procedures, a copy of which is available in my back office.

4. I will become an Affiliate Business Owner(ABO) upon acceptance of this application by Xpress Healthcare. As an ABO, I shall have the right to sell the products and services in accordance with Xpress Healthcare’s compensation plan.

5. I understand that I will be responsible for obtaining all necessary licenses and permits and for complying with all applicable federal, state and/or municipal laws, codes and regulations in connection with my activities as an Xpress Healthcare ABO. I acknowledge that I am not an employee of Xpress Healthcare and shall not be entitled to receive from Xpress Healthcare any benefits whatsoever and Xpress Healthcare shall not be required to make contributions for FICA, workers compensation and other similar levies in respect of payments to be made to me as a Xpress Healthcare ABO. I will be fully responsible for paying all applicable federal or state withholding taxes, source deductions, taxes, employment insurance premiums, workman’s compensation contributions or other tax contributions and other premiums, license requirements and fees related to my activities as an Xpress Healthcare ABO.

6. I acknowledge that as a wholly independent ABO, I am not purchasing a franchise or exclusive distributorship, and no fees are or will be required from me other than expressly indicated by Xpress Healthcare affiliation fee(s) for the right to distribute Xpress Healthcare products pursuant to this agreement. I acknowledge that this agreement may not be assigned or transferred without written consent from Xpress Healthcare.

7. As an ABO I will abide by any and all Federal, state and local laws, rules and regulations pertaining to this Agreement and/or the acquisition, receipt, holding, selling, distribution, or advertising of Xpress Healthcare products.

8. As an ABO I will, at my own expense make, execute or file all reports and obtain licenses required by law or public authority with respect to this Agreement and/or the receipt, holding, selling, distributing of Xpress Healthcare Products.

9. I will be solely responsible for declaration and payment of all local, state, and Federal taxes as may accrue because of my independent business activities in connection with this Agreement. I acknowledge that Xpress Healthcare reports all my commissions, rebates, and bonuses to the appropriate regulatory agencies in the United States.

10. I understand that this Agreement shall automatically renew annually provided that I have maintained active status as an ABO by paying my monthly affiliation fee. Xpress Healthcare has my permission to continue charging the credit card on record unless I cancel my ABO status in writing to the Company. It is the obligation of the ABO to notify Xpress Healthcare of any change in status of the credit card on record. If the credit card on file is declined 3 consecutive times your ABO active status will be terminated.

11. I further understand that all rights to bonuses, rebates and commissions; my Xpress Healthcare business; and the opportunity to purchase products from Xpress Healthcare shall immediately be subject to termination should my ABO status become terminated for cause or voluntarily.

12. I understand that I am entitled to cancel participation in the marketing program at any time and for any reason upon written notice to Xpress Healthcare.

13. I certify that neither Xpress Healthcare nor my sponsor have made any claims of guaranteed earnings or representations of anticipated earnings that might result from my efforts. I understand that I may not make any verbal or written statements regarding claims of income or potential earnings that might result from my efforts or the efforts of others, unless specifically disclosed in a compensation summary provided from time to time by the Company.

14. I understand that no attorney general or other regulatory authority reviews, endorses, or approves any product, membership, compensation program, or company, and I will make no such claims to others. In the event a question shall arise concerning legal compliance by Xpress Healthcare, such questions shall be submitted to Xpress Healthcare in writing.

15. I agree to indemnify and to hold Xpress Healthcare blameless from any and all claims, damages, and expenses, including attorney fees, arising out of my actions and conduct in violation of this Agreement.

16. In sponsoring other ABO’s, I will maintain ongoing contact, communication and management supervision in my sales organization. Examples of this supervision may include but are not limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to company trainings, proper use of compensation summaries regarding earnings representations and sharing distribution information with those sponsored.

17. I understand that Xpress Healthcare’s program is built upon retail sales to the ultimate consumer. I am entitled to purchase product for my own personal or family use.

18. I acknowledge that I am responsible for any products that I purchase.. Notwithstanding this, I may cancel my membership at anytime. In the event that I wish to terminate my ABO status, I may cancel status at anytime with written notice to Xpress Healthcare.

19. On a periodic basis, Xpress Healthcare may supply confidential information in the form of genealogies, reports, and other sensitive material, which will provide information to me as an independent ABO concerning my organization. I agree upon receipt of said information that such information is proprietary and confidential and will not disclose such information to any third party directly or indirectly nor use the information to compete with Xpress Healthcare either directly or indirectly.

20. I understand and agree to remit any Sales Tax based on the retail price of the product to the company on all product orders unless tax exempt.

21. I agree that I may not alter, repackage, re-label, affix additional labels of information or otherwise change any Company product, nor will I sell any such product under any other name.

22. I understand and agree that all claims and disputes relating to this Agreement, the right and obligation of the parties or any other claims or causes of actions relating to the performance of either party under this Agreement and/or purchase of products or services shall be settled by binding arbitration in the City of Philadelphia, Pennsylvania. Each party having a concern shall first give notice of the offense and allow at least thirty (30) days for the other party to cure. In the event of a dispute, the prevailing party shall be reimbursed its costs and attorney’s fees

23. I agree that regardless of the form of claim, whether in tort, contract or other, the Company, its subsidiaries and affiliated companies and their officers, directors, employees and agents shall NOT be liable for any consequential, incidental, special, or punitive damages, including lost profits or any other claims against the Company. No legal action maybe brought by either party to this Agreement more than one year after the event giving rise to the cause of action has occurred

24. I certify the accuracy of all information provided by me in this Agreement and agree that the providing of false or misleading information authorizes the Company, at its election, to declare this Agreement void from its inception.

25. I will make no claims of therapeutic or curative properties regarding the Company products or claims involving the Xpress Healthcare Compensation Plan that are NOT contained in official Company literature that is produced and distributed by the Company.

26. I understand my residual income will continue as long as my ABO status remains active.

27. Xpress Healthcare will NOT terminate your ABO status “without cause.”

Sample causes are as follows but not limited to; distribution of unauthorized /approved marketing material, misrepresentation, non-compliance with local laws, ABO insolvency, etc.

Sponsors are compensated for the sale of Products and those Products sold through their sales organization. No Xpress Healthcare Affiliate Business Owner will ever be compensated for sponsoring. Without question, the sale of products to end consumers is the basis of the Company’s program and must be emphasized in all presentations.

Representatives may not make any false, unreasonable, misleading, or intentionally misrepresenting income projections to prospective or current ABO’s. Under no circumstances may Xpress Healthcare ABO’s recruit other Xpress Healthcare ABO’s for other Business Opportunities.

The Company reserves the right to Accept or Reject any applicant and is under no obligation to offer any reason for rejection. If an Application is submitted through the Internet, it will be Considered an original application. Incomplete applications will not be accepted and are the sole responsibility of the Applicant. The Company is under no obligation to notify an applicant of an incomplete or faulty application.