Member Agreement Addendum
This Addendum is part of the Member Participation Agreement between you and the Plan. The terms, provisions, and limitations within this Addendum are incorporated by reference and made a part of the Member Participation Agreement to the same extent and with the same force as if fully set forth therein. For purposes of this Addendum, Access One Consumer Health, Inc. includes any and all parent, subsidiary, and affiliated business entities as well as all owners, shareholders, members, directors, officers, employees, representatives, and agents of Access One Consumer Health, Inc. and its parent, subsidiary, and affiliated business entities (all referenced entities and individuals collectively referred to hereinafter in this Addendum as “Access One”).
Arbitration. You and Access One agree that your Member Participation Agreement with Access One involves “commerce” under the Federal Arbitration Act (“FAA”) (9 U.S.C. §§ 1 et. seq.). Any and all disputes, controversies or claims (collectively, “Claims”), whether preexisting, present or future, between you and Access One shall be decided by binding arbitration under the FAA. Claims include, without limitation, any claims, actions, lawsuits, or disputes based on or asserting the alleged violation of the Telephone Consumer Protection Act (47 U.S.C. § 227) or any similar state laws or common law governing or applying to the use of telephone calls, automated dialers, pre-recorded messages, text messages, or facsimile transmissions. Any and all Claims subject to arbitration hereunder, asserted by any party, will be resolved by an arbitration proceeding which shall be administered by the American Arbitration Association. In the event that you initiate arbitration, you agree to pay the first $125.00 of the filing fee required by the Arbitration Rules, and Access One will pay the remaining amount of such fee, as well as any required deposit. In the event Access One initiates arbitration, Access One shall pay the entire amount of such filing fee and any required deposit. The parties agree to be responsible for their own expenses, including fees for attorneys, experts and witnesses. The parties agree to be bound by the decision of the arbitrator(s). Any issue as to whether any Claims are subject to arbitration shall be determined by the arbitrator(s). The arbitration shall take place in your county of residence. This obligation to arbitrate will survive the termination of your Member Participation Agreement or the termination of any other agreements between the parties.
Waiver of Jury Trial and Prohibition on Class Action Participation. By agreeing to arbitrate disputes, you waive any right you may otherwise have had to litigate Claims against Access One in court or to have a jury trial. Further, unless a Claim is already certified before the date you became a member of the Complete Care Program, you hereby agree that you may not participate in a class action in court against Access One or a class-wide arbitration against Access One, either as a representative or member of any class of claimants, and you hereby expressly waive your right to join or represent such a class. All terms of this provision will survive the termination of your Member Participation Agreement and this Addendum or the termination of any other agreements between the parties.