Membership Terms & Conditions for members between March 16, 2023 and May 16, 2024
These Membership Terms & Conditions (the “Agreement”) govern your use of and participation in a Program (as defined in Calibrate’s Terms of Use). This Agreement does not apply if you signed up for a Program through an employer. This Agreement incorporates by reference and shall be fully subject to our Terms of Use. All terms not defined herein shall have the meaning in our Terms of Use.
1. Membership Options.
- Calibrate offers various Programs for membership (“Membership Options”), each with its own services and fees (“Membership Fees”). Any payment terms presented to you during the process of using or signing up for a Membership Option are deemed part of this Agreement. If Membership Fees are not paid when due, you may be terminated from the Program and no longer have access to the Services.
- You are solely responsible for payment of all Membership Fees. Calibrate uses a third-party payment processor (the “Payment Processor”) to collect Membership Fees (your “Billing Account”). Processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Currently, Calibrate uses Stripe as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/legal/end-users and their Privacy Policy at https://stripe.com/privacy. Calibrate is not responsible for any acts or omissions of the Payment Processor.
- By choosing to use or otherwise participate in a Program, you agree to: 1) pay Calibrate, through the Payment Processor, the Membership Fees for the Membership Option you have selected in accordance with the applicable payment terms; and 2) you authorize Calibrate, through the Payment Processor, to charge your bank, financial institution or credit credit card (your “Payment Method”) for all payments due. Calibrate reserves the right to correct any errors or mistakes made by the Payment Processor even if the Payment Processor has already requested or received payment. Depending on your Payment Method, certain terms related to your payment may be set forth in agreements between you and your bank, financial institution, credit card issuer or other provider of your chosen Payment Method. If Calibrate does not receive payment from you through the Payment Processor when due, you agree to pay all amounts due on your Billing Account upon demand. You must provide current, complete and accurate information for your Billing Account and promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). If you do not maintain accurate Billing Account information then Calibrate may continue charging you for any use of the Program under your Billing Account up and until this Agreement and your Program is terminated.
- Membership Fees are due in a single sum in advance.
2. No Emergency Care; Certain Services and Items Excluded.
Calibrate does not provide any urgent or emergency care services. If you ever have an urgent care need or medical emergency while participating in a Program, you must dial 911. Calibrate does not provide urgent care or treat medical emergencies nor does Calibrate offer or provide primary care services, or dispense any medications or supplements.
3. Direct Health Care Service.
The Program consists of a direct health care service; for clarity, it is not health insurance. Calibrate does not participate with or bill commercial health insurance plans or federal health care programs such as Medicare or Medicaid. Your Provider(s) may recommend that you receive services not offered by the Practices (such as, for example, specialty services or diagnostic tests), but in no event will any Practice be responsible for any resulting medical bills or otherwise. If you have health insurance, your health insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments. Calibrate assumes no responsibility to understand or be bound by the terms and conditions of any insurance plan or program. There is no guarantee that your insurance company will make any payment on or otherwise reimburse in any manner any fees or other costs or expenses you incur in connection with the Program or any other services you may have purchased.
4. Prescriptions.
- Although your Provider may prescribe certain medication(s) for you as part of your Program, the cost of any such medication is not included in your Membership Fees.
- You understand and agree that as part of the Program services, Calibrate may apply to a pharmaceutical company for a coupon or discount program for you or on your behalf and you consent and authorize Calibrate to apply for, and take action necessary to complete such application, coupons or discount programs for you or on your behalf. If you, or Calibrate utilize such coupon or discount program to reduce the out-of-pocket cost of your medication, then you understand and agree that you are subject to the terms and conditions of such coupon.
- Neither Calibrate nor the Providers endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, the Provider may limit supply based upon good clinical practice and/or state regulations, and any medication orders will be based on the Provider’s informed medical judgment, the circumstances of the situation and best interests of the member. Calibrate does not guarantee that any prescriptions will be ordered as part of your Program and/or through the Services. Providers will at all times exercise professional discretion and reserve the right to deny care and/or cancel any prescription due to actual or potential misuse of the Services.
- You agree that any prescriptions that you receive from a Provider are solely for your personal use as part of the Program and you will not share or distribute any medication to any other person. You agree to fully and carefully read all provided medication information and labels and to contact a physician or pharmacist with any questions about your medication. Calibrate and the Providers fully honor patient freedom of choice and if you receive a prescription for a medication, you have the right to have any prescription sent to the pharmacy of your choice.
- Finally, you agree and provide consent for Calibrate’s pharmacy partners to contact you, including by SMS message, email and/or via the use of an automatic telephone dialing system, artificial voice, and/or prerecorded messages, for purposes of providing pharmacy services to you.
5. Participating in a Program.
Following your purchase of a Program, you must attend an initial appointment with a Provider and, if coaching is included in your Program, an initial coaching session. If you do not attend both your initial Provider appointment and your initial coaching session (as applicable), within 75 days of purchase, then Calibrate may terminate your Program.
During your Program, you are expected to comply with additional Program requirements, including, but not limited to, the terms of your Calibrate Commitment that is included in your Program curriculum (Metabolic Reset version or Masters version), which is incorporated by reference herein. You understand and agree that Calibrate may modify or remove components of your Program and may suspend and/or terminate participation in a Program if you fail to comply with any of the requirements set forth in this Agreement.
6. Term and Termination.
Term. Calibrate may, in its sole discretion, not accept this Agreement and return your Membership Fees to you. If Calibrate accepts this Agreement, then the term of the Agreement (and your ability to participate in a Program) will begin on the date Calibrate receives your Membership Fees and last for the length of the Program you purchased (the “Term”) unless terminated sooner by either party.
Termination. You may terminate this Agreement and your participation in the Program at any time by contacting membership@joincalibrate.com. Upon termination, you may be eligible for a refund as set forth in our Refund Policy, which is incorporated herein by reference. Calibrate may terminate this Agreement and your Program, and/or modify or remove components of your Program at any time, if you fail to comply with this Agreement. In that event, you will not be eligible for any refund.
7. Entire Agreement; Amendment.
This Agreement sets forth the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements. Calibrate reserves the right to change this Agreement at any time by providing prior notice through the Services and/or by sending an email to your email address of record. Notwithstanding the preceding, Calibrate agrees that it will not change any provisions related to your Membership Fees retroactively. If you do not agree with the updated Agreement, you may reject it by emailing membership@joincalibrate.com; if you reject the updated Agreement, you will no longer be able to use or otherwise participate in the Program and your ability to obtain a refund shall be subject to our Refund Policy. If you continue to use or otherwise participate in the Program in any way after a change to this Agreement takes effect, that means you agree to the updated Agreement. Except for changes as described herein, no other amendment or modification of this Agreement will be effective unless in writing and signed by both parties.
Previous version of our Membership Terms & Conditions:
Applicable for members who purchased a Program prior to March 15, 2023.