Terms and Conditions

Everside Health Terms and Conditions

Last Updated: February 28, 2023

These Everside Health Services Terms and Conditions (the “Agreement”) supplement the Membership Agreement.  Please read this Agreement carefully and completely before using www.eversidehealth.com  (the “Site”) or any services or goods provided through or in connection with the Site or by Everside Health or one of its subsidiaries or affiliates (collectively “Everside Health”).  By tapping or clicking “I agree,” “I accept” or any other similar button or box with respect to this Agreement, or by using the Site, you expressly agree to be bound by this Agreement, by and between you and Everside Health, which incorporates by this reference any additional terms and conditions posted by Everside Health through the Site, or otherwise made available to you by Everside Health. The information and resources contained on and accessible through the Site are made available by Everside Health and its suppliers and vendors, and other third parties, in each case subject to your agreement to the terms and conditions of this Agreement.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY OTHER PERSON (A “BENEFICIARY”), YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH BENEFICIARY TO THIS AGREEMENT; IF YOU DO NOT HAVE SUCH LEGAL AUTHORITY, SUCH BENEFICIARY WILL NOT ACCESS, USE OR OTHERWISE BENEFIT FROM THE SITE. 

References to “you” and “your” in this Agreement will refer to both the individual using the Site and any such Beneficiary.  We may update this Agreement at any time, and may notify you of such updates by any reasonable means, including by posting the updated Agreement to the Site. Any changes in updating this Agreement will not apply to any dispute between you and us arising prior to the date on which we posted the updated Agreement, or otherwise notified you of such updated Agreement. The “Last Updated” legend above indicates when this Agreement was last changed. YOU AGREE TO PERIODICALLY REVIEW THIS PAGE TO DETERMINE IF THIS AGREEMENT HAS BEEN UPDATED. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY UPDATES TO THIS AGREEMENT SHALL CONSTITUTE NOTICE AND ACCEPTANCE OF THE UPDATED AGREEMENT.

Eligibility for Medical Treatment

If you enter into any other agreement with Everside Health including, but not limited to, a treatment relationship with a provider, then this Agreement is in addition to the terms of such other agreement. Accessing or using the Site or entering into this Agreement does not guarantee that you are eligible to receive treatment or obligate Everside Health to provide any service to you or enter into any other agreement with you. We reserve the right, in our sole discretion, to determine whether and to what extent you are eligible to receive any of our services. If, in our sole discretion, you are ineligible to receive treatment, Everside Health may (but have no obligation to) refer you to another provider.

Healthcare Services

Through Everside Health centers and this Site, you may have access to medical treatment, diagnosis, care, or advice services from healthcare providers (the “Healthcare Services”).  Resale of products or services, including any prescriptions received in connection with a treatment plan provided in connection with the Healthcare Services is specifically prohibited. We reserve the right to refuse to provide treatment to you if it reasonably appears to us that you have not provided us with accurate information or you intend to resell any prescriptions received. We do not accept any responsibility for the accuracy, reliability, or completeness of any information you provide to us.

Verification of information may be required prior to providing your treatment plan. Price, availability of any service, and any other information, descriptions or images available through the Site regarding any products or services, are subject to change without notice.

By submitting any information through the Site in connection with receiving the Healthcare Services, you grant to us the right to provide such information to third parties for purposes of facilitating such Healthcare Services. Verification of information may be required prior to the acknowledgment or completion of any transaction. Further terms and conditions related to transactions in connection with the Site or the Healthcare Services may apply.

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND EVERSIDE HEALTH OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT EVERSIDE HEALTH AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available here), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Everside Health will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.

Governing Law

This Agreement, your use of the Site, all transactions through the Site, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of Delaware, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person health care in all cases. In order to use this service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”).

Certain telehealth services are currently only available to individuals located in certain states. Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. In some cases, a telehealth visit may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person examination. In such a case, you may receive notification that you will be unable to use telehealth services for the particular issue you submitted.

If the medical office of your Everside Health™ physician is located in a state shown below, the Membership Agreement is subject to the provisions applying to that state. 

WASHINGTON STATE

Everside Health may terminate the Membership Agreement in those situations specifically allowed under Washington State law.  Everside Health is a direct patient-provider practice as defined under Washington law.

• In 2007, the Washington Legislature passed a law to promote access to medical care for all citizens and to encourage innovative arrangements between patients and providers to help provide all citizens with a medical home.
• A direct patient-provider practice, like Everside Health is an arrangement in which patients enter into a direct relationship with medical practitioners for a fixed amount to be paid directly to the healthcare provider for primary care services.

In the event you have any questions regarding direct patient-provider practices in the State of Washington, you may direct your questions to the following:

Consumer Advocacy/SHIBA
Office of the Insurance Commissioner
P.O. Box 40256
Olympia, WA 98504-0256
Toll free: 1-800-562-6900
Olympia: 360-725-7080
Fax: 360-586-2018
TDD: 360-586-0241
Email: cap@oic.wa.gov

Medical Assistance: At this time, Everside Health is unable to provide services to individuals who receive medical assistance and/or participate in medical care programs administered by the Washington Department of Social and Health Services. By signing the Membership Agreement, you acknowledge that you have read this document and that you do not currently receive medical assistance and/or participate in medical care programs administered by the Washington Department of Social and Health Services.

• Washington State has a number of programs dedicated to providing health care coverage to low income residents. The largest single source for this coverage is Medicaid, which offers complete major medical coverage. There are also other programs that offer more limited benefits. Examples of health care coverage options include Healthy Options and Washington Apple Health for Kids. If you are not sure if you receive medical assistance, you may call the Washington Department of Social and Health Services at 1-800-562-3022.

If you receive medical assistance or participate in medical care programs administered by the Washington Department of Social and Health Services during the term of the Membership Agreement, you will immediately notify Everside Healh in-person at the clinic or by calling Member Services at 1-866-808-6005.

You understand that in the event you receive medical assistance or participate in medical care programs, your Membership Agreement will automatically terminate.

*****************************

If any term, provision, covenant or condition of these Everside Health™ Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will remain in full force and effect and will in no way be affected, impaired or invalidated.
Email: MemberServices@eversidehealth.com
Phone: 1-866-808-6005
Mail: Everside Health
Attn: Member Services
1400 Wewatta Street, Suite 350
Denver, CO 80202