Terms and Conditions

The following constitutes the Agreement between you, the enrolled member of Health Savings Advantage ("Member") and Small Business Benefit Association ("SBBA"), provider of the Health Savings Advantage program (Program), and shall be effective on the date that SBBA processes payment for your enrollment fees and forwards your member ID card ("Membership Card").

1) MEMBER UNDERSTANDS THAT SBBA PROVIDES HEALTH AND LIFESTYLE SAVINGS BENEFITS THROUGH THIRD PARTY PROVIDERS AND THAT THIS PROGRAM IS NOT AN INSURANCE POLICY, PLAN OR PROGRAM.

Health Savings Advantage makes available negotiated rate reductions for services rendered by the service providers listed in the material accompanying your Membership Card. SBBA will NOT make any payments for services or any other kind of cost to either Members or service providers on behalf of Members. SBBA's sole obligation under this Agreement is to administer Member's enrollment in the Program.

2) MEMBERSHIP TERM. Member's membership is effective on a continuing monthly basis under the monthly membership payment plan until such time that Member cancels Member's membership or monthly payment is not received or processed on the appropriate monthly anniversary date. Your Membership will be renewed automatically at the end of your current term at the then-current renewal rate which will appear on your credit/debit card statement or checking account statement. This is known as a continuity plan. We reserve the right to increase or decrease the renewal rate for each new membership term.

4) USE OF MEMBERSHIP. Your membership is non-transferable. You agree that only you and your family may use the membership. You will promptly notify us if your Membership Card is lost or stolen. Additional membership cards can be purchased for $10.00 each.

5) REFUND/CANCELLATION POLICY. If you use any of your Health Savings Advantage benefits within 30­days of your enrollment date and are not completely satisfied, simply call the Member Services number (on the back of your Membership Card) within 30-days of your purchase to cancel your membership. Our Member Services representative will provide you with the return address to forward your membership materials. Do not alter or mutilate any item you wish to return. We will not reimburse you for such items. All items to be returned must be sent to us by Certified Mail stating your name, address and membership number clearly. If you do not return your membership materials via Certified Mail, we cannot guarantee receipt, and therefore, we cannot guarantee a refund. Registration fees are not refundable.

6) PARTICIPATING SERVICE PROVIDERS. SBBA will only provide Members with access to the healthcare and lifestyle Network(s) as listed in the accompanying materials (the Program) that accompanied your Membership Card. A list of participating service providers to your Program are accessible through the Internet at www.healthsavingsadvantage.com or by calling our toll-free Customer Service number listed on your membership card or in your membership materials. Our list of service providers are subject to addition, deletion or change at any time and without prior notice to Member. It is the Member's responsibility to call the customer service number indicated for the provider listing to verify that a service provider is a current participant in the Program prior to setting an appointment and prior to visiting a service provider. Member must call the applicable toll-free number for confirmation of service provider's active status within the network.

7) SERVICE PROVIDER'S FEES AND COSTS. Member is solely responsible for all service providers' fees and costs. In order to access the Program's Network(s) and the related benefit(s), the Member or the Member's family is responsible for and must pay the balance for services due (the services due shall be the remaining balance after the savings benefit has been applied) to the service provider promptly at the time of service. The actual savings that a Member may receive will vary and depend upon location and the nature of the specific procedure or service, including prescription drugs.

8) AVAILABILITY OF SERVICES. SBBA cannot guarantee or warrant that products, procedures, services and facilities are available in every medical situation and/or geographic location.

9) DISCLAIMER.

a) Neither SBBA nor any of its affiliates, agents or service providers shall be liable or responsible to make any payment to a medical provider or other provider of service used by a Member of Health Savings Advantage. Neither SBBA nor any of its affiliates, agents or service providers shall be liable for or held responsible for any participating service provider's refusal to accept the network rates offered under this Program. SBBA, its affiliates, agents and service providers are NOT insurers, guarantors or underwriters of a Member and are NOT responsible or liable for a Member's or Member's dependents' type, quality or cost of medical care or any other goods or services provided to Member or Member's dependents under this Program. Participating medical service providers are independent contractors. SBBA, its affiliates, agents and service providers are not liable for or responsible for the provision or omission of any medical services, treatments, consultations, diagnoses or advice that may be given or not given to a Member or a Member's dependents by a medical service provider. SBBA does NOT practice medicine and does not interfere with, participates in or is a part of the medical provider-patient relationship. The selection of a medical service provider is the obligation of and the sole decision of the Member and such decision shall not be based upon the advice, credentialing or recommendation of SBBA, its affiliates, agents or service, providers.

b) Under no circumstances shall SBBA's liability exceed your current membership fee and under no circumstances shall SBBA be liable for your incidental or consequential damages.

c) You are solely responsible for any "overdraft" or "over the limit" fees incurred by you in connection with any membership or renewal fees and any other amounts incurred by you when you use this Program.

10) MEMBERSHIP PAYMENT & CONTINUING SERVICE. Payments for participation in the Program are due and payable in advance. Membership payments are made on a monthly basis, your access to Membership services will continue through the last month that payment has been debited or received in advance of that month.

11) TERMINATION. SBBA reserves the right to terminate any enrollment or membership of any Member or Member's dependents or deny eligibility to any person for any reason, including for a Member's failure or refusal to pay a participating provider of service listed under the Program or for nonpayment of a payment to SBBA when due. If SBBA receives a returned check, insufficient funds notice on bank draft or denial of a charge to a Member's credit card, SBBA may terminate the affected Member's enrollment and membership effective immediately. If a Member applies for reinstatement of enrollment/membership that was terminated due to nonpayment, the Member must pay as a condition of reinstatement a fee of twenty-five dollars ($25).

12) ENTIRE AGREEMENT. This Agreement contains all of the Terms 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 not be affected. 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, OTHER THAN EXPRESSLY STATED HEREIN. This Agreement may only be amended, changed or modified in writing.

13) GOVERNING LAW. The laws of the state of Utah, USA shall govern the interpretation, construction and enforcement of this Agreement. Any dispute arising from, out of, or relating to this Agreement shall be resolved by binding, non-appealable private arbitration, conducted in accordance with the rules of the American Arbitration Association, Utah chapter. These provisions shall survive termination of this Agreement and Member's enrollment or membership in the Program. Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which you reside.