Website Terms of Use

Please read these Terms of Use carefully. These Terms of Use (“Terms”) govern your access to and use of the website located at instinctivehealthpass.com and any related pages, content, and online tools (collectively, the “Site”) operated by Instinctive HealthPass LLC (“Company,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.

1. Acceptance and Eligibility

You must be at least 18 years old and able to form a binding contract to use the Site. By using the Site, you represent that you meet these requirements and that the information you provide is accurate.

2. The Site Is Informational; No Medical Advice

The Site and its content are provided for general informational purposes only and do not constitute medical, legal, insurance, financial, or other professional advice. The Site does not create a physician-patient relationship. Always seek the advice of a qualified healthcare provider with questions about a medical condition. Never disregard professional medical advice or delay seeking it because of something you read on the Site.

In an emergency, call 911 or go to the nearest emergency department.

3. Membership Is Governed by a Separate Agreement

Enrolling in the Instinctive HealthPass program is a separate transaction governed by the Membership Agreement (also called the Subscriber Agreement) and the program eligibility, benefit, fee, and cancellation terms described there. Nothing on the Site is an offer of insurance, a guarantee of coverage, or a guarantee that any provider, facility, or service will be available.

4. Cost Estimates and Pricing

Any cost calculator, quote, or pricing shown on the Site is an estimate for general illustration only, is based on the information you enter, and is not a binding offer. Your actual membership fee is determined at enrollment based on the in-network maximum out-of-pocket of your qualifying insurance policy and other applicable factors. Pricing is subject to change.

5. Accounts and Member Portal

Some features (such as the member portal) require an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

6. Acceptable Use

You agree not to:

• Use the Site for any unlawful, fraudulent, or harmful purpose, or in violation of these Terms;
• Submit false, misleading, or fraudulent information, including false insurance or eligibility information;
• Attempt to gain unauthorized access to the Site, other accounts, or our systems, or interfere with the Site’s operation or security;
• Copy, scrape, reproduce, distribute, or create derivative works from the Site or its content except as expressly permitted;
• Upload viruses or malicious code, or use the Site to transmit spam or unsolicited communications; or
• Use the Site to harass, abuse, or harm another person, or to infringe any third party’s rights.

7. Intellectual Property

The Site and its content — including text, graphics, logos, images, video, and the “Instinctive HealthPass” name and marks — are owned by or licensed to the Company and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive license to view and use the Site for your personal, non-commercial use. All other rights are reserved. You may not use our marks without our prior written permission.

8. User Submissions and Feedback

If you submit content, feedback, or suggestions to us, you grant us a non-exclusive, royalty-free, perpetual license to use them without obligation to you. Do not submit confidential information or any third party’s health information through the Site unless requested as part of enrollment.

9. Communications Consent

By providing your contact information or using the Site, you consent to receive communications from us electronically, including by email, telephone, and text message, relating to your inquiry, account, or membership. Message and data rates may apply, and message frequency varies. You may opt out of marketing messages at any time by following the unsubscribe instructions or replying STOP to text messages; we may still send you transactional or service messages. Our communications practices are described further in our Privacy Policy.

10. Third-Party Links and Services

The Site may link to third-party websites, providers, facilities, or services (including participating facilities and payment processors) that we do not control. We are not responsible for third-party content, products, or practices, and your use of them is at your own risk and subject to their terms and policies.

11. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, error-free, or that information on the Site is accurate, complete, or current.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your violation of any law or third-party right.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share information. Please review it carefully.

15. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. The parties will first attempt in good faith to resolve any dispute informally. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction and venue.

16. Changes to the Site and These Terms

We may modify the Site or these Terms at any time. When we do, we will post the updated Terms with a revised “Last Updated” date. The current version of these Terms is always available on our website and in your member portal, so you can review the most recent version at any time. By continuing to use the Site after changes take effect, you agree to the updated Terms.

17. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive.

18. Miscellaneous

These Terms, together with the Privacy Policy and (if you enroll) the Membership Agreement, are the entire agreement between you and the Company regarding the Site. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor.

19. Contact Us

Instinctive HealthPass LLC, 9700 N Saguaro Blvd, Suite 200, Fountain Hills, AZ 85268. Email: customer@instinctivehealthpass.com. Phone: (602) 699-5244.