MYSMILEGUIDE

You brush your teeth, floss and visit the dentist at least twice a year. As far as you’re concerned, your oral health is under control. But there’s more to oral health than protecting those pearly whites, and your habits may put you at risk for tooth decay, gingivitis and other more serious diseases. Now is your chance to learn more, take control and save with MySmileGuide.
Create your own personal oral health record, track the oral health of your family and get more from your dental checkup visits with this easy-to-maneuver tool. All of your information is securely stored in one location for your convenience. Our insightful articles and helpful tips will educate and assist you and your family in all aspects of your oral health from brushing to braces, dentures and beyond.

MYSMILEGUIDE INTERACTIVE FEATURES

Questionnaires
Our age and gender specific questionnaires will help you identify habits and other factors that may put you at risk for oral and general health problems. Consider how diet, nutrition, common medications and lifestyle choices impact your oral health. Take our dental visit checklist with you next time you schedule an appointment. When you enter your dentist’s findings into your personal health record, it will generate additional advice based on your dentist’s examination.
Reports
Each questionnaire generates a detailed report with advice and related resources based on your answers and the findings of your dentist. Take an active role in your health when you read up on your current conditions and potential risks.
Alerts
MySmileGuide helps you track your oral health and the oral health of your family with email reminders based on your level of risk. When you complete questionnaires and add data to your record, our software generates reports and schedules follow-up. With your busy life, it’s easy to let problems go untreated. Our reminder system will encourage you to stay on top of your oral health.
• High in three months
• Moderate in six months
• Low in twelve months
You will also receive reminders for routine dental visits and MySmileGuide follow-up assessments.
Educational resources
Get the basics on braces, cavities, retainers and more with MySmileGuide’s educational resources. Based on your personal data, MySmileGuide offers resources targeted to you and your family. These topics will address current risks and offer preventative advice based on your age and gender. Teen and pre-teen years can present a challenge for any parent, but their teeth shouldn’t be a source of tension. Our targeted articles will help you tackle oral piercings, fluoride treatment, teeth whitening and simple tactics for maintaining their oral health.

> How It Works

Simply sign in to Phone-A-Doc-IDCare.com and click on “Oral Health Care” in the main navigation or quick links section.

CUT YOUR COSTS

Cut out unnecessary oral healthcare costs simply by staying informed. An educated consumer is more likely to practice good oral hygiene habits and identify potential problems early on. Since your personal record tracks your oral health history, you will be able to identify changes in your risks as they occur.

PROTECT YOUR OVERALL HEALTH

Did you know that poor oral health is linked to common chronic health concerns such as bleeding gums, dental bone loss and bad breath? Research has found that poor oral health can contribute to diabetes, cardiovascular disease, decreased immunity and pneumonia. For these reasons, you need to know where you and your family may be at risk. MySmileGuide will not only help you assess current risks, it will also help you monitor your family’s risks as they change over time.
Our services include:
  • A secure web health tool
  • A guide to reduce your health care costs
  • Alerts when it is time for you, and each family member registered with MySmileGuide, to see your dentist
  • A guide to understand your dental visits better and know what questions to ask
  • A guide on how to protect your child’s oral health and dental development as they grow
  • A guide showing you how to reduce food costs and eat healthier
  • A guide on how to live a healthier life
  • Email alerts to notify you to return for reassessment
  • Email alerts for timely preventive dental visits
  • A dental visit checklist to record and provide health guidance from dental visits
  • “Dental Terms”, a library of definitions and pictures common to dental care

MYTELEMEDICINE

MYTELEMEDICINE SERVICE

At MyTelemedicine.com, our goal is simple. We believe that doctors seeing patients online and by phone is the only way to help make healthcare work. Patients are struggling to get access to care when they need it most, and healthcare systems are eager to find ways to bring modern solutions to the equation. Every day, more people in need of simple care are being forced to go without treatment or seek care settings like the ER and urgent care clinics that are not appropriate settings for their needs.
MyTelemedicine gives the member direct access to a physician 24/7/365 to treat common acute ailments. The consultation can take place by phone call or video* call, and may include discussing symptoms, treatment options and prescriptions. MyTelemedicine consultations are a supplement for nonemergency treatment and visits to a primary care physician. And best of all, MyTelemedicine helps make healthcare affordable.
Benefits of Telemedicine
• Access to Physicians for your immediate family, even when traveling away from home.
• Treat common ailments such as colds and flu, sinus infections, allergies, bronchitis, etc.
• Consult with a physician by telephone or video* call.
• Request a doctor to call back within 2 hours or schedule a specific time for a visit.
• For short-term prescription refills.
• When appropriate, the doctor may prescribe a medication for you to pick up at your selected local pharmacy.

CONSULTATIONS

Information Consultations (General Medical Advice)
If you have a medical question that only a physician can answer or you just need a second opinion, we offer the convenience of on-demand access to physicians for general advice and recommendations regarding a range of routine medical conditions.
Diagnostic Consultation
For in-depth consultations, including prescription requests or refills, we offer anytime access to physicians over the phone. All you have to do is schedule an appointment online or by phone. Our user-friendly member dashboard gives you all the tools you need to schedule an appointment in minutes.
Members are required to complete a comprehensive medical history questionnaire prior to participating in a diagnostic consultation. The questionnaire, similar to the information provided during an initial physician visit, becomes a permanent part of the member’s electronic health records and is available to be updated by the member at any time. Prior to every diagnostic medical consultation, the automated system will ask the member if there are any changes or updates to the medical history on file.
Diagnostic Consultation (Video)
Live video consultations are the most effective way to diagnose and treat illnesses from a distance. That’s why MyTelemedicine has made them an integral part of our service. Our platform combines high quality video, advanced audio and HIPAA secure data transmission to effectively simulate in-person consultations. Telemedicine is not available in Arkansas. Video consults are not available in Arkansas, Iowa, Louisiana and Texas. Only video consults are available in Idaho.

ELECTRONIC HEALTH RECORDS

Our Electronic Health Record system is a powerful, HIPAA compliant feature that centralizes and simplifies your healthcare management. Before consulting with a physician, a member’s EHR must be updated. The information submitted in each member’s portal is secure and confidential. All updates are uploaded in real-time and applied to member’s account, ready to be viewed by our team of care coordinators and providers.
In each consultation, the doctor’s notes (including diagnosis, treatments and prescriptions) will be recorded and saved to our HIPAA secure environment. This record can be shared with your primary care physician, ensuring proper documentation, transferability and continuity of care. You will have complete access to detailed records of every consultation in your secure member portal.

PRESCRIPTION POLICY

*MyTelemedicine does not guarantee that a prescription will be written. MyTelemedicine does not prescribe DEA controlled substances, lifestyle drugs and certain other drugs which may be harmful because of their potential for abuse. MyTelemedicine physicians reserve the right to deny care for potential misuse of services, and will refer patients to their primary care physician or appropriate level of care when indicated.
Listed below are some common acute ailments that can be diagnosed by our physicians.
• Allergies
• Acne
• Asthma
• Constipation
• Diabetes
• Nausea
• Sore Throat
• Headache
• Cold & Flu
• Pink Eye
• Strep Throat
• Ear Infection
• Stomach Virus
• Urinary Tract Infection
• Rashes
• Acid Reflux
• Hemorrhoids
• High Blood Pressure
• Sinus Conditions
• Fever
• Vomiting
• Poison Ivy
• Sunburn
• Bug Bites

> How It Works

1 Member activates account by logging into Phone-A-Doc-IDCare.com or calling 1-800-611-5601.
2 Members will fill out their medical profile by logging into their member portal or by speaking with one of our friendly care coordinators.
3 Dependents and their medical profiles can be added through the member portal. Any dependent over the age of 18 will be required to manage their own profile.

Online Fitness & Nutrition Center

The Online Fitness Center (OFC), in partnership with Leanness Lifestyle University, is an established leader in mobile-friendly, lifestyle education for weight management. Created in 1999 by internationally-known author and fitness expert David Greenwalt, this dynamic program has been refined daily ever since.
OFC can help you lose up to 10% of your body weight in the first six weeks. No travel or in-person meetings are required.
Beyond diet, pills, powders, potions and elixirs, OFC delivers the lifestyle education, accountability, recording, tracking, reporting, motivation and personal support needed to lose excess body fat and keep it off for good. The focus of OFC is helping you maintain an already healthy weight or losing the weight one more time – for the last time.

> How It Works

Sign in to Phone-A-Doc-IDCare.com and click on ‘Online Fitness Network’ in the main navigation or quick links section.

Online Health Manager

Our tools and resources will help you identify and target risk areas, take action and track improvement. Your life is meant to be enjoyed – start now with this total health approach.
Wish your life came with a how-to guide? Losing sleep over angsty adolescents? The work world got you down? Ready to take better care of yourself but not sure how? Let’s face it; you’ve got a lot to manage. But how well do you deal with the day-to-day? Find out with our Online Health Manager. Assess what areas of your life negatively and positively affect your health.

IDENTIFY YOUR TOTAL HEALTH SCORE

Begin your quest for a healthier life with a detailed picture of your overall health. Our Health Risk Manager (HRM), Health Risk Assessment (HRA) and individual Total Health Profile (THP) highlight a comprehensive range of personal health risk factors. Its detailed 16 page report includes your personal Total Health Score and results and recommendations in six key health categories including cancer risk, heart health, nutrition, fitness and stress and safety awareness. Additionally, you have the ability to track your progress towards healthy living by periodically retaking the HRM and producing the Historical Comparison Report which will compare your Total Health Score and HRM results over different time periods.
The HRM utilizes proprietary algorithms that were created based on data from a significant number of scientific studies. They are specifically designed to calculate your overall health and well-being by assigning values to identifiable factors that may influence your health. These algorithms are regularly reviewed and updated with the latest research. Your Total Health Score is only a starting place. Once you’ve identified your risk factors, Online Health Manager can help you make the changes with unlimited access to a variety of tools.

TAKE ADDITIONAL ASSESSMENTS

What are your eating behaviors? How do you manage stress? Are you at risk for cancer, diabetes or a stroke? Are you addicted to your work? With over 40 additional lifestyle, work style, behavioral health and disease-specific assessments, Online Health Manager helps you evaluate all the areas that make up your life. Complete as many questionnaires as you want at your own pace. Online Health Manager will automatically store your results for easy reference.
Each assessment generates a personal report with recommendations. These recommendations are practical steps you can take to improve your health and lower your risk right now. All assessments use the most up-to-date medical standards and are administered securely and confidentially to protect your privacy.
Choose from these available assessments and more:
• Cancer prevention grade
• General health
• Preventive care
• Breast cancer risk
• Diabetes risk
• Heart disease risk
• Prostate cancer risk
• Career burnout
• Eating behavior
• Fitness quotient
• Stress management
• Emotional health
• Work addiction
• Depression

MAKE THE CHANGE

Lifestyle change can be daunting, and once you’ve identified areas to improve, you’ll need support to move forward. Online Health Manager offers a variety of resources including a multimedia center, article database and newsletters from respected health organizations to help you along the way. But your road to a healthier life does not end there. Phone-A-Doc IDCare is committed to further equip you to implement healthy lifestyle changes. Follow up on areas of concern or questions that your health assessments raise by exploring thousands of health topics through Phone-A-Doc IDCare’s Health Information Library and Nurse Hotline. Or seek the counsel of a medical expert by following up with one of our online physicians, psychologists, dentists, pharmacists, dieticians and fitness trainers.
Newsletters
Keep your family safe on all occasions with holiday cooking tips, a trick-ortreating safety guide, fire prevention, driving safety and more. This communityoriented collection of newsletter summaries and excerpts has something for everyone.
Multimedia center
Tackle a personal health problem or concern. Get advice on a variety of health and medical related topics by accessing our robust multimedia center library with hundreds of helpful videos to select and watch.
Articles
Get your questions answered with an available library of over 1,000 tip-filled articles on nutrition, parenting, medication, diseases and more. Your health is your greatest asset, so it’s important to stay informed. Use our search function or simply browse for topics that matter to you and your family.
My trackers
It takes 30 days to develop a habit, so start now and stay consistent with Online Health Manager’s tracking tools. Our tracking tools will help you chart current behaviors and keep track of your progress toward set goals. Monitor your eating habits, exercise or customize your own tracking tool. View your reports at any time for an update on your progress.
My calendar
Keep a personal and confidential daily journal of your life events and moods to help pinpoint problems and patterns that may affect your health. Identify changes in behavior such as decreased caffeine consumption or increased exercise. Track how new and old habits affect your moods. The color-coded mood calendar helps you spot trends before they impact you negatively. It’s easy to use and with just a few clicks a day, you can receive the additional support that you need.

> How It Works

Simply sign in to Phone-A-Doc-IDCare.com and click on ‘Online Fitness Manager’ in the main navigation or quick links section.

Nurse Hotline

Wouldn’t it be great to just pick up the phone and talk to a nurse when you have a health concern? With Phone-A-Doc IDCare, now you can do just that! If you have an urgent (non-emergency) medical situation and need professional advice, call the nurse assistance line toll-free 24 hours a day, 7 days a week.
A registered nurse will talk with you about your symptoms and recommend an appropriate course of action. The Nurse Hotline handles after-hour medical calls for hospitals and physicians throughout the world, and now you have access to the same medical guidance. For every nurse advice call, The Nurse Hotline uses trusted medical information that has been relied upon by over 10 million people over the last decade. The guidelines are written and endorsed by the foremost professionals in the health services field.
After speaking with you about your symptoms, the nurse may recommend:
• Self-treatment at home (with guidance)
• Immediate or scheduled visits to your physician’s office
• Urgent or Emergency treatment

> How It Works

Call the toll-free number listed within your membership materials. Please provide the registered nurse with your name, group number and membership number.
Note: The Phone-A-Doc IDCare is NOT insurance and is not intended as a substitute for insurance.
The Nurse Hotline should not be used in lieu of calling 911 in an emergency situation.

PROGRAM TERMS

The following is the Membership Agreement between NBWA, LLC (“We and Us”) and the person who has enrolled in the Phone-A-Doc (“You”). UPON ENROLLMENT, YOU AGREE TO BE BOUND BY THESE TERMS OF MEMBERSHIP. YOU SHOULD READ THIS MEMBERSHIP AGREEMENT CAREFULLY. If you have any questions regarding your Membership, You may contact our customer service center 24 hours a day at the toll-free number listed on your Membership Card.
Membership Benefits
As a Member, You are entitled to access discounts and/or other Benefits on various products and services offered by participating vendors through the Phone-A-Doc Website and the customer service center (“Benefits”), as described in your Membership Guide or on the program website (“Program Website”). Some Benefits may not be available in your area. Additionally, the discounts available through the program may not be used in conjunction with any other discount program. PLEASE SEE YOUR MEMBERSHIP MATERIALS AND THE PROGRAM WEBSITE FOR IMPORTANT DETAILS AND LIMITATIONS. All listed or quoted prices are current prices only and are subject to change without notice. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion.
Membership Terms
Your Membership is effective immediately upon your enrollment in the program and shall continue on a month-to-month basis until cancelled as described below. You may cancel your Membership at any time by calling Us at the toll-free number listed on your membership card or by writing Us at the address indicated below. Unless You notify Us that You wish to cancel your membership by following these instructions or your membership is otherwise cancelled as provided herein, your Membership will continue automatically and You will be billed the then-current membership fee which will
appear on your statement, depending upon how You enrolled.
Payment of Membership Fee
The payment of your membership fee (which, if applicable, includes any trial period fee as well as enrollment or processing fees and shipping and handling charges) is made automatically by a charge to the payment source authorized by You (the “Payment Source”) in accordance with the payment terms to which You agreed. In the event that the program offer to which you agreed includes a trial period, You may cancel your membership at any time during the trial period and not be charged, other than any one time enrollment or processing fees, and shipping and handling charges, in each case depending on the program offer to which you agreed, as well as money paid for program Benefits ordered by You. We reserve the right to terminate your Membership at any time without notification, including in the event that We are unable to bill the membership fee to your specified billing source.
Promotional Membership Fee
From time to time, in our sole discretion, We may provide a reduced membership fee, for a promotional period, to first-time or other selected customers. If You are provided with such a promotional reduction in your membership fee (“Promotional Membership Fee”), your Payment Source will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by Us, and that the regular applicable periodic membership fee will be charged to your Payment Source following the
end of the promotional period. Terms of the Promotional Membership Fee, including the duration and amount of the Promotional Membership Fee, may vary from time to time.
Continuation of Membership
Unless you notify Us that You wish to cancel your Membership by following the instructions in the paragraph below titled “Termination of Membership”, your Membership will continue automatically and You will be billed the then-current membership fee which will appear on your Payment Source statement, depending upon how You enrolled. We reserve the right to increase or decrease the membership fee, or add new fees and charges, from time to time. You agree that unless You cancel your membership prior to the effective date of the membership fee increase, You will be charged
the new applicable periodic membership fee on each anniversary date after the effective date of such change, and You authorize Us to charge the new applicable periodic membership Fee to your Payment Source. You are solely responsible for any and all fees charged to your Payment Source by the issuer, bank, or financial institution including, but not limited to, membership, processing, shipping and handling, overdraft, insufficient funds and over-the-credit-limit fees, in each case to the extent applicable.
Electronic Fund Transfer Authorization
If the Payment Source You have provided is a checking account, You authorize Us to create an electronic funds transfer request (“EFT”) which will be presented to your bank for payment from your checking account. To extend your membership Term month-to-month, You authorize Us to charge your checking account on periodic anniversary dates and therefore to effect pre-authorized transfers from your checking account. Your request to pay your recurring monthly membership fee with pre-authorized charges to your checking account and your electronic execution of an acknowledgement of your acceptance of this Membership Agreement (“Electronic Signature”) constitutes your pre-authorized EFT authorization for future charges on your checking account and your consent to these terms and conditions. You further acknowledge that the amount charged to your checking account may be different from time to time, in accordance with this Membership Agreement, including, without limitation, differing amounts due to Promotional Membership Fees or changes in your membership plan, and You authorize Us to charge your checking account for such
varying amounts. You agree that if an EFT is returned unpaid, You will pay a service charge of the maximum allowed by law. EFTs returned for insufficient or uncollected funds, together with service charges, may be debited electronically from your account or collected using a bank draft drawn from your account. You may cancel your membership as described herein. Such cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. You may also cancel your pre-authorized debit authorization by contacting your bank within a sufficient time to cancel the authorization (Please see your agreement with your bank for the terms and conditions of cancellation). Please note, however, that You must still notify Us of the cancellation of your membership as described herein, as cancellation of your authorization with your bank will not serve as notice to Us concerning cancellation of your membership.
Use of Membership
Your Membership is non-assignable and non-transferable. You agree that only You and your immediate family members may use the Membership. The term “Immediate Family” shall be defined as You, your spouse, and your children, to the extent each is living in your home with a legal address that is the same as yours. Benefits are not to be resold. You are limited to one membership per twelve-month period per Immediate Family. You are responsible for all use of your Membership and will promptly notify Us if You become aware of any unauthorized use of your Membership, your membership card or membership number, or if your membership card is lost or stolen. If You were offered the opportunity to claim a premium or gift in connection with your enrollment in the program, You are limited to one premium or gift per program and, depending upon the offer You agreed to, You may be required to be a member of the program at the time that your claim is processed.
Disclaimer of Liability
You agree that We and our subsidiaries, affiliates, partners and providers are not responsible or liable for any Benefits provided by participating vendors and, if You have any claims relating to such Benefits, You will make your claim against the vendors providing the Benefits. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR
RELATED INFORMATION PROVIDED TO YOU. We do not guarantee, nor are responsible for, the quality of products orservices provided by any independent vendors.
Use of Membership
Your Membership is non-assignable and non-transferable. You agree that only You and your immediate family members may use the Membership. The term “Immediate Family” shall be defined as You, your spouse, and your children, to the extent each is living in your home with a legal address that is the same as yours. Benefits are not to be resold. You are limited to one membership per twelve-month period per Immediate Family. You are responsible for all use of your Membership and will promptly notify Us if You become aware of any unauthorized use of your Membership, your membership card or membership number, or if your membership card is lost or stolen. If You were offered the opportunity to claim a premium or gift in connection with your enrollment in the program, You are limited to one premium or gift per program and, depending upon the offer You agreed to, You may be required to be a member of the program at the time that your claim is processed.
Disclaimer of Liability
You agree that We and our subsidiaries, affiliates, partners and providers are not responsible or liable for any Benefits provided by participating vendors and, if You have any claims relating to such Benefits, You will make your claim against the vendors providing the Benefits. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU. We do not guarantee, nor are responsible for, the quality of products or services provided by any independent vendors.
We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to You in our sole discretion. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the Benefits, as the case may be.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, PARTNERS AND PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY
KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, MEMBERSHIP GUIDE, ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON ANY PROGRAM WEBSITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON
ANY PROGRAM WEBSITE, AND/OR ANY LINK PROVIDED ON ANY PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR MEMBERSHIP.
We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to You in our sole discretion. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the Benefits, as the case may be. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, PARTNERS AND PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, MEMBERSHIP GUIDE, ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON ANY PROGRAM WEBSITE,
ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON ANY PROGRAM WEBSITE, AND/OR ANY LINK PROVIDED ON ANY PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR MEMBERSHIP.
Changes to Terms and Conditions
We may, at any time, and at our sole discretion, modify this Membership Agreement by posting the modified Membership Agreement on the Program Website. You agree to review this Membership Agreement periodically on the Program Website. If You do not agree to any modification of this Membership Agreement, You must immediately cancel your membership. Continuing your membership following any such modifications will constitute your acceptance of the modified Membership Agreement.
Termination of Membership
YOU MAY TERMINATE THIS MEMBERSHIP AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US AT THE TOLL-FREE NUMBER LISTED ON YOUR MEMBERSHIP CARD/MATERIALS OR BY NOTIFYING US IN WRITING AT CUSTOMER SERVICE, NBWA, LLC, 2951 MARINA BAY DRIVE, SUITE 130-643, LEAGUE CITY, TEXAS 77573. YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. DEPENDING UPON THE TERMS YOU AGREED TO, ANY ENROLLMENT, PROCESSING AND/OR TRIAL PERIOD FEES MAY NOT BE REFUNDABLE. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH THE PROGRAM (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY.
WE WILL TERMINATE YOUR MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS MEMBERSHIP AGREEMENT OR YOU HAVE NOT PROPERLY ENROLLED IN THE PROGRAM. IN SUCH A CASE, WE RESERVE THE RIGHT TO: (1) NOT REFUND MEMBERSHIP FEES (INCLUDING, WITHOUT LIMITATION, ANY ENROLLMENT OR PROCESSING FEES,
SHIPPING AND HANDLING CHARGES AND OTHER FEES, IN EACH CASE TO THE EXTENT APPLICABLE) PAID BY YOU AND/OR (2) NOT FULFILL ANY PENDING ORDERS FOR BENEFITS PURCHASED PRIOR TO CANCELLATION OF THE MEMBERSHIP. WE RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON. A MEMBER IS PROHIBITED FROM RE-ENROLLING IN THE PROGRAM FOR TWELVE (12) MONTHS FOLLOWING CANCELLATION.
Entire Agreement
This Agreement contains all of the terms and conditions of Membership and no representations, inducements, promises or agreements concerning the Membership not included in this agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Governing Law
THIS MEMBERSHIP AGREEMENT AND THE TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
Arbitration
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to your membership (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of New York, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed
by the Federal Arbitration Act, 9 U.S.C. §1-16 (“FAA”), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that
includes your billing address at the time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the State of New York without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees that You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at http://www.adr.org/. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in New York, New York, unless You chose to have the hearing take place in the federal judicial district that includes your billing
address at the time the arbitration Claim is filed. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your membership as well as voluntary payment of the debt in full by You or any bankruptcy
by You.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL AT ARBITRATION OPT-OUT, NBWA, LLC, 2951 MARINA BAY DRIVE, SUITE 130-643, LEAGUE CITY, TEXAS 77573. WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS MEMBERSHIP AGREEMENT. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM UNLESS THE MEMBERSHIP IS OTHERWISE TERMINATED HERE UNDER. HOWEVER, IN THE EVENT YOUR MEMBERSHIP IS CONTINUED, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE TWELFTH MONTH ANNIVERSARY DATE.
Availability Restrictions
This program is only available to residents of the contiguous United States (excluding any such states as We may designate from time to time in your Membership Guide and/or the Program Website). Orders to U.S. military post offices cannot be fulfilled.
Consent to Electronic Communications
You consent to receive communications from Us about your membership electronically, either by e-mail or by notices posted on the Program Website, as determined by Us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. You agree that We may send You e-mails which include notices about your membership as well as information pertaining to the program and services, such as featured products/services or new offerings. You agree that this information is part of your membership with Us.
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