Weight Care+ Terms and Conditions
Last Updated: April 28, 2023
These Weight Care+ Terms and Conditions (the “Terms”) govern your use of and participation in Weight Care+ described herein. These Terms incorporate by reference Everlywell’s Terms and Conditions applicable to Care Journey Membership Programs (Section 5(D) of the Terms and Conditions), specifically, and Services and Products (Sections 5(A) through (F)), generally, and shall be interpreted, to the fullest extent possible, as if such provisions are one and the same instrument; provided, however, in the event of express conflict between these Terms and Everlywell’s Terms and Conditions, the provisions of these Terms shall control. All capitalized terms used but not otherwise defined in these Terms shall have the same meaning set forth in Everlywell’s Terms and Conditions.
Overview of Weight Care+
Weight Care+ (the “Program”) is designed to provide access to routine and appropriate services for weight loss with pharmacotherapy. The Program is not intended for use in emergencies or by patients with specialized needs that should be treated by appropriate specialists.
The Weight Management Program is a membership-based service through which eligible individuals (“Members”) can obtain limited medical care at the discretion of the Member’s Practitioner, including certain coordinated practitioner services, laboratory testing, and wellness monitoring or supplements for a recurring monthly fee (“Monthly Membership Fee”) of $139 per month, which begins once you purchase the Program, and continues for a minimum of three (3) months from the date of purchase (the “Commitment Term”), and continues month-to-month thereafter (the “Program Term”).
Although a Member’s Practitioner may order clinical laboratory tests to determine a Member’s eligibility for the Program and/or prescribe medication as appropriate, the cost of such tests and medication is not included in the Monthly Membership Fee. Such lab tests and medications are paid for separately and fulfilled through a clinical lab and pharmacy of the Member’s choice. All medical services are provided by Practitioner’s of certain affiliated professional entities who obtain Everly’s coordination and support for the Program.
The Program includes the following:
- One or more initial consultations with a licensed Practitioner to discuss your medical history, weight management goals, risks and benefits of treatment, including potential medication options.
- If eligible for a medication, assistance with benefits verification and prior authorization.
- A credit, once every complete calendar quarter for the duration of the Program for one of the following:
- a 90-day supply of Everlywell Daily Multivitamins;
- a 90-day supply of Everlywell Omega-3 Fish Oil supplements;
- one Everlywell Cholesterol and Lipids Test;
- one Everlywell HbA1c Test; or
- one Everlywell Heart Health Test.
- Monthly progress tracking check-ins with your Practitioner to track weight goals, medication experience, and related elements of the Program.
- Starting in your seventh month of participation in the Program, you will receive a daily supply of Everlywell Daily Multivitamins.
The Program features medical care that is available during normal business hours, Monday through Friday, 7:00 a.m. Central Time to 7:00 p.m. Central Time, excluding holidays. You may direct questions about your care to Everlywell partner, OpenLoop, at +1 (708) 787-4438. The Program is not an emergency or on-call service available 24 hours a day, 7 days a week. The Everlywell Care Team is available to answer account or shipping-related questions by email at [email protected] Monday through Friday, from 9:00 a.m. to 5:00 p.m. Central Time. In the case of an emergency or if you are otherwise in crisis, call 911 immediately.
The Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with any primary care or specialty provider. You should keep your existing health insurance coverage while you are participating in the Program or obtain health insurance coverage if you do not currently have it. You should continue to seek routine health and wellness services from your primary care and specialty providers and other resources.
Additional Terms and Conditions
1. Onboarding and diagnosis. Following your purchase of a Program, you must attend an initial appointment with a Practitioner. You must be evaluated by a Practitioner on the Platform and, in the professional judgment of such Practitioner, meet the clinical criteria for participation. To be evaluated for participation, you must complete an initial onboarding telehealth medical assessment with the Practitioner, and, if ordered by your Practitioner, complete a diagnostic blood test at a clinical lab of your choice. The cost of such tests is not included in the Monthly Membership Fee. If you do not attend both your initial Provider appointment and do not obtain the tests required to confirm your eligibility for the Program, we reserve the right to terminate your membership in the Program.
2. Prescriptions. If you are prescribed a medication by your Practitioner, the cost of such medication is not included in the Monthly Membership Fee. You further agree that such prescriptions are solely for your personal use 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.
3. Insurance. The Program is cash pay only and we do not accept insurance. The Program does provide support to Members to receive assistance with insurance benefit verification and prior authorization for medication, which is ultimately fulfilled by a pharmacy of the Member's choosing. You understand and acknowledge that the Program is not an insurance plan and is not a substitute for a health insurance plan or health insurance coverage. It is not intended to replace any health insurance plan or coverage that you may carry. You further understand and acknowledge that no bill or claim for payment will be submitted to any third-party payor (including Medicare) for the services we provide for the Program. Rather, the Monthly Membership Fee you pay is our sole compensation for the Program services we make available to you, as described in these Terms. Any lab tests ordered and performed for purposes of determining your eligibility, and any medications prescribed to you, are provided by outside vendors and are not included in the Program or covered by the Monthly Membership Fee. You understand and acknowledge that we believe the Program is not covered by Medicare. Should this change in the future, we will notify you. You (or your legal representative) agree not to submit any claim to Medicare or any other third-party payor, to ask us to submit any claim to Medicare or any other third-party payor, or to otherwise seek reimbursement from Medicare or any third-party payor for the Program. Notwithstanding the above, you desire to participate and receive the services we provide in the Program and acknowledge your sole responsibility for payment.
4. Payment Terms. The Monthly Membership Fees for the Program are payable as a series of fixed monthly recurring charges of $139 per month, which begins once you purchase the Program, continues for a three (3)-month Commitment Term, and continues month-to-month thereafter. You agree to Monthly Membership Fees for the duration of the Commitment Term to cover access to all aspects of the Program regardless of whether or not you elect to complete all encounters included in the Program or receive a prescription for a medication by the treating Practitioner. No prescriptions are guaranteed. Accordingly, you agree and acknowledge that upon purchase of the Program membership, you shall owe a minimum sum of Monthly Membership Fees payable during the Commitment Term, totaling $417.00. You may terminate the Program at any time; provided, however, that (a) if you terminate the Program prior to the expiration of the Commitment Term, you authorize us to charge your Payment Method for the remaining balance of your Monthly Membership Fees due during the Commitment Term. You may receive a partial refund during the Commitment Term if, after the first consult, your Practitioner determines you are not eligible for the Program, or if your insurance does not cover the cost of related prescription medications and you are unable or unwilling to pay for them out-of-pocket. Following the Commitment Term, you agree and acknowledge that all Monthly Membership Fees, once paid are non-refundable. Please review Sections 5(D)(v) and 6(D) and (E) the Terms and Conditions) for further details.
When you cancel, you will not be charged any additional monthly Monthly Membership Fee payments. You will receive Program services through the last day of the monthly billing cycle for which you have paid the Monthly Membership Fee. Thereafter, you will not be eligible to receive any Program membership services, including prescriptions from your Practitioner. We recommend you talk to your Practitioner before discontinuing treatment as abruptly stopping certain medications for health conditions can impact your health.
Everly serves as the collection agent on behalf of affiliated professional entities providing the medical services for the Program.
5. Program Modifications. The Program may change from time to time. You may accept the revised Terms and Conditions applicable by continuing in the Program or reject them by terminating your Program membership.
NEITHER WE NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF US AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. WE WILL MAKE REASONABLE EFFORTS TO PROVIDE 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.
Additionally, we or the affiliated professional entities may, in our and their sole discretion, not accept your enrollment in the Program and return your Monthly Membership Fees to you.
6. Electronic Communications. You agree and provide consent for Everlywell and your Practitioner and their affiliated professional entity 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 the Program services to you.