Terms of Service
Recourse Health LLC
Last updated: June 20, 2026
PLEASE READ THESE TERMS CAREFULLY. Section 19 (Dispute Resolution) contains a binding individual-arbitration agreement, a jury-trial waiver, and a class-action waiver — you may opt out of arbitration within 30 days (Section 19.9). Sections 16–17 disclaim warranties and limit our liability, but do not waive rights you cannot waive under law (Section 17.4). You accept these Terms by checking the "I agree" box when you sign your appointment form and again when you authorize payment (Section 23). By using Recourse, you agree to these Terms. If you do not agree, do not use Recourse.
These Terms of Service ("Terms") are a binding agreement between you ("you," "your") and Recourse Health LLC, a New York limited liability company ("Recourse," "we," "us," "our"). They govern your access to and use of the Recourse website at recourse.health, our application, and the document-preparation and appeal-submission services we offer (together, the "Service").
These Terms incorporate by reference our Privacy Policy and, for consumer health data, our Consumer Health Data Privacy Policy. The Consumer Health Data Privacy Policy controls over these Terms in the event of any conflict as to consumer health data.
1. What Recourse is — and what it is not
Please understand exactly what you are buying. This section controls if anything elsewhere — on our site, in an ad, or in an email — seems to suggest otherwise.
- Recourse is not a law firm and does not provide legal advice. We are not your attorneys, we do not provide legal representation, we do not represent you in court, and no attorney-client relationship is created by your use of the Service. Nothing we provide — including any appeal letter, statement, form, or guidance — is legal advice.
- Recourse is not a substitute for a lawyer, and we do not exercise legal judgment about your case. We do not decide whether your appeal is likely to succeed, choose a legal strategy for you, advise you on the merits of your claim, or interpret how the law applies to your specific situation. We prepare your appeal from a curated library of Medicare regulations and clinical citations and submit it at your direction. If you want advice about the legal merits of your situation, or representation beyond preparing and mailing this appeal, you should consult a licensed attorney.
- Recourse is a document-preparation and administrative appeal-submission service. We help consumers prepare and submit appeals they are already entitled to file under federal Medicare Advantage appeal rules. With your authorization, we prepare an appeal packet, a Recourse team member reviews it, and we mail it by certified mail with tracking.
- Recourse is not a healthcare provider. We do not provide medical advice, diagnosis, or treatment, and nothing we provide is a substitute for the advice of a qualified clinician.
- Recourse is not an insurance company or a health plan, and the Service is not insurance. Your fee buys document preparation, review, and certified mailing — not coverage, and not any payment of your medical claim.
- Recourse is independent. We are not affiliated with, endorsed by, or sponsored by Medicare, the Centers for Medicare & Medicaid Services (CMS), any government agency, or any health plan or insurer. The plan whose denial you are appealing is the adverse party, not our partner.
- You can file this appeal yourself, for free. You have the right to file your own Medicare Advantage appeal directly with your plan, or to appoint anyone you choose — including an attorney, a family member, or a free helper such as your State Health Insurance Assistance Program (SHIP) — at no cost to us. Recourse is a paid convenience; you are not required to use us, and using us is not necessary to file an appeal.
- Parts of the Service use artificial intelligence. We use AI to read the notice you upload and to help draft your appeal. AI can make mistakes. A Recourse team member reviews every appeal before it is mailed, and you must also review and confirm the materials yourself (see Sections 5 and 6). The materials we provide are drafts for your review and are not legal or medical advice.
2. Eligibility and your authority to act
To use the Service you must be at least 18 years old and able to form a binding contract, and be either the Medicare Advantage beneficiary whose denial is being appealed, or a person with legal or practical authority to act on that beneficiary's behalf (for example, a family caregiver, an agent under a power of attorney, or a court-appointed representative).
If you are acting on behalf of a beneficiary, you represent that you are authorized to do so, to provide that beneficiary's information to us, and to appoint a representative for the appeal on their behalf. If the beneficiary is unable to sign and you are acting for them, contact us at support@recourse.health before continuing.
You are responsible for the accuracy of everything you tell us about your authority. We may decline or discontinue service, or require additional verification, at our discretion.
3. The Service and its scope
Today the paid Service covers standard Medicare Advantage denial reconsiderations — typically denials, reductions, or terminations of skilled nursing, rehabilitation, or home health coverage — for a flat fee of $129 per appeal. For these, we read the Medicare notice and any records you upload (using AI) and determine, from the notice type, which appeal process applies; prepare a draft appeal letter grounded in a curated library of regulatory and clinical citations; prepare a pre-filled CMS-1696 Appointment of Representative form for your signature; have a Recourse team member review the appeal; and mail the appeal by certified mail with tracking to the plan's appeal / reconsideration address you confirm, returning your tracking number and a copy of what we mailed.
Uploading your notice, seeing the route we identify, and viewing the draft appeal are free. You are charged only if and when you choose to have us prepare and mail the appeal.
Some notices are not handled by the paid Service — for example, NOMNC or DENC fast-appeal notices (which go to a BFCC-QIO on a short clock), hospital discharge notices, Part D drug denials, commercial (non-Medicare) insurance, Medicaid, and surprise-billing matters. If your notice is out of scope, we will tell you and we will not charge you. We may, where available, point you to a free helper or to the appropriate process, but doing so is not a service we are contractually obligated to perform.
Unless we separately agree in writing, the Service covers a single Level 1 reconsideration. We do not automatically escalate your appeal to higher levels. We may change, limit, or discontinue any part of the Service, including which notice types, plans, or states we support, at any time.
4. Appointed representative; the CMS-1696
To submit your appeal, you appoint an authorized Recourse representative — a named individual acting on behalf of Recourse Health LLC — as your appointed representative for a single, specific Medicare Advantage appeal, using the federal CMS-1696 form. The individual representative is identified on the CMS-1696 you sign. By signing the CMS-1696 and authorizing us to proceed, you acknowledge and agree that:
- You are the party to the appeal. The appointed representative acts only at your direction, for the specific appeal identified. The appointed representative of record is the named individual; Recourse Health LLC is the company that prepares your materials and supports that individual.
- The person who acts as your appointed representative is a non-attorney individual. Federal Medicare appeal rules permit a party to appoint a non-attorney to represent them in an appeal. We act in that capacity only. We are not acting as a lawyer, are not giving legal advice, and — as described in Section 1 — do not advise you on the legal merits of your appeal or select a legal strategy for you.
- The appointment is limited to the identified appeal. It is not an ongoing or general agency, and it does not authorize us to make decisions for you, to bind you beyond submitting the appeal, or to handle any other matter.
- You authorize your plan and related Medicare entities to send appeal communications and decision letters for that appeal to Recourse's address, so we can track the outcome and, where applicable, help you with next steps.
- We do not charge you any separate representative fee for the appeal under the CMS form. Your only payment to us is the $129 Service fee for preparing, reviewing, and certified-mailing your appeal, as described in Section 8.
- Your appointment does not change the fact that the plan, the Quality Improvement Organization, or the Independent Review Entity — not Recourse — decides the appeal.
You can cancel or revoke the appointment before mailing. Until your appeal is mailed, you may tell us to stop at support@recourse.health, and you may revoke the CMS-1696 appointment at any time by notifying us and your plan in writing. We act only until you do so or until the appeal is mailed, whichever comes first. (Refund treatment is in Sections 8 and 22.)
5. Your responsibilities
The quality and timeliness of an appeal depend heavily on the information you provide and the deadlines that apply to you. You agree that:
- You will give accurate, complete, and truthful information, and you will not submit anyone else's information without authority to do so. We rely on what you give us and do not independently verify your medical records or the facts of your case.
- You will review everything before authorizing us to mail. Before you pay and authorize mailing, you must review the information we extracted from your notice, the draft appeal letter, and the exact name and mailing address we will send to, and confirm to the best of your knowledge that they are correct. We mail to the address you confirm. If the address you confirm is wrong, your appeal may not reach the right place.
- You are responsible for your own deadlines. Medicare Advantage appeals have strict filing deadlines that depend on your notice and your circumstances. You are responsible for knowing and meeting your deadline. We are not responsible for a missed deadline, including where you start the process late, provide information late or incorrectly, do not complete the required steps, or where mail or third parties are delayed.
- You have authority to appoint a representative for the beneficiary's appeal.
- Account security. We use "magic links" sent to your email instead of passwords, so anyone with access to your email may be able to access your account and the health information in it. You are responsible for keeping your email account secure, for not sharing or forwarding magic links, and for all activity that occurs through your access. If you believe your email or account has been accessed without your authorization, contact us promptly at support@recourse.health.
6. AI assistance and human review
We use AI to read your notice and to help draft your appeal materials. Before any appeal is mailed, a Recourse team member reviews it for completeness and obvious errors and records that review. This review is a quality-control step — it is not a verification of your medical facts, a legal opinion on the merits of your appeal, or a substitute for your own review. The drafts and extracted information may contain errors, are provided for your review, and are not legal or medical advice. You should check them against your own records before relying on them.
7. No guarantee of outcome
We cannot and do not guarantee any particular result. Whether your appeal succeeds depends on your clinical record, your plan's decision, and the independent reviewers — none of which we control. We do not promise that your denial will be overturned, that coverage will be continued or restored, that your plan will honor the CMS-1696, or that any payment will be made. Any statistics we publish about appeal outcomes describe general or historical results, are not a prediction about your appeal, and will be presented with their source.
Our appeal materials are prepared from a curated library of Medicare regulations and clinical citations with the assistance of AI and human review. They are not, and are not represented to be, equivalent to the work or judgment of a licensed attorney, and they do not constitute legal advice or legal services.
8. Fees, payment, and refunds
- Fee. The Service fee is $129 per appeal, charged once, at the time you authorize us to prepare and mail the appeal. As noted in Section 1, you can file this appeal yourself for free; the fee is for the convenience of having us prepare, review, and certified-mail it for you. We may change our pricing prospectively; the price shown to you at the time you authorize applies to that appeal.
- Payment processing. Payments are processed by Stripe. We do not collect or store your full card details. Your use of payment processing is also subject to Stripe's terms.
- Non-refundable. The $129 charge is a one-time, non-refundable charge for preparing, reviewing, and certified-mailing your appeal. You acknowledge this at checkout before you are charged. (For what happens if we decline to proceed, or you cancel before mailing, see Section 22.)
- Discretionary goodwill refunds. We may, in our sole discretion and on a case-by-case basis, choose to issue a refund. Any such refund is a courtesy, does not create an entitlement or a course of dealing, and does not obligate us to issue a refund in any other case. We make no refund or money-back promise of any kind.
- Chargebacks. If you have a billing concern, please contact us at billing@recourse.health first so we can try to resolve it.
9. Electronic records and signatures (E-SIGN consent)
You consent to receive all records, disclosures, and communications relating to the Service electronically, and to do business with us electronically.
- Paper copies. You may request a paper copy of any record we provide electronically by emailing support@recourse.health; we will not charge a fee for this. Requesting a paper copy does not by itself withdraw your consent to electronic records.
- Scope. Your consent covers the records for your appeal and the disclosures and communications related to your use of the Service.
- Hardware and software you need. To access and retain electronic records you need a current web browser, internet access, a valid email address, and the ability to view and save PDF files. If our requirements change in a way that creates a material risk you cannot access or retain records, we will notify you and give you the right to withdraw consent without fee.
- Withdrawing consent. You may withdraw consent to electronic dealings at any time by emailing support@recourse.health. Withdrawal is effective after we have a reasonable time to act on it and does not affect the validity of records provided before withdrawal. Because the Service is delivered electronically, if you withdraw consent we may be unable to continue providing the Service.
- Electronic signatures and audit trail. Your typed or click-to-sign signature on the CMS-1696 and your electronic acknowledgements have the same legal effect as a handwritten signature, and electronic records satisfy any requirement that a record be in writing or signed. To evidence your signature, we record an audit trail including timestamp, IP address, and device/browser information; this is described in our Privacy Policy and Consumer Health Data Privacy Policy.
- Keeping your contact current. You agree to keep the email address associated with your account current and to notify us if it changes.
10. Privacy and health data
Your use of the Service is subject to our Privacy Policy and Consumer Health Data Privacy Policy, which explain what we collect (including health-related information from your notice and records), how we use and share it, how long we keep it, and the choices and rights you have.
We protect your information using administrative and technical safeguards, including encryption in transit and at rest and access controls. We handle your health information with safeguards comparable to those required under HIPAA. Recourse is not a HIPAA covered entity or business associate in this consumer-direct model, and nothing in these Terms makes us one, creates any HIPAA obligation, or should be read as a representation that HIPAA applies to us.
The service providers that help us deliver the Service (including our cloud, storage, AI-processing, payment, mail, and email providers) act as our processors under written contracts that limit them to processing your information on our instructions to provide the Service and that prohibit them from using it for their own purposes. The categories of these providers are described in our Consumer Health Data Privacy Policy.
Where the law requires your consent to collect or share your consumer health data — including sending it to the AI and service providers that help us deliver the Service — we obtain that consent through a separate, clearly described choice at the point we collect the information, not through your acceptance of these Terms.
We do not sell your consumer health data, and we will not do so without first obtaining the separate written authorization the law requires.
You have rights regarding your information, which may include the right to access it, to delete it, and to withdraw consent, depending on where you live. Our Privacy Policy and Consumer Health Data Privacy Policy explain these rights, how long we keep different types of information, and how to make a request. To exercise a right or ask a privacy question, email privacy@recourse.health. If a breach of your unsecured health information occurs, we will notify you and any authority as required by applicable law.
11. Intellectual property, your content, and feedback
- Our property. The Service, including our software, website, citation library, templates, and the Recourse name and logo, is owned by Recourse and protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own appeal(s) in accordance with these Terms.
- Your content. You retain ownership of the documents and information you submit ("Your Content"). You grant us a limited, revocable, non-exclusive, royalty-free license to host, store, process, reproduce, and transmit Your Content solely to provide the Service to you — including reading your notice, drafting and reviewing your appeal, mailing it, processing it with the AI and service providers needed to do so, retaining records as required by law or to handle a dispute, and as otherwise described in our Privacy Policy and Consumer Health Data Privacy Policy. We do not use Your Content, and do not permit our AI or service providers to use Your Content, to train AI models, for advertising, or for any purpose other than providing the Service and complying with law, and we do not sell Your Content. This license ends when we delete Your Content under our retention schedule, except for records we are required to keep. You represent that you have the right to give us Your Content for these purposes.
- Your appeal materials. The appeal letter and forms we prepare are provided for use in your appeal. We may retain copies (including for audit, dispute, and regulatory purposes) as described in our Privacy Policy.
- Feedback. If you send us ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without any obligation or compensation to you.
12. Acceptable use
You agree not to provide false, misleading, or fraudulent information, or impersonate any person or use anyone's information without authority; use the Service for any unlawful purpose or in violation of Medicare or other applicable rules; attempt to access accounts, data, or systems that are not yours; copy, scrape, reverse-engineer, or build a competing product from the Service or its content; or interfere with or disrupt the Service. We may suspend or terminate access for any violation.
13. Third parties and matters outside our control
The Service depends on third parties and processes we do not control, including the U.S. Postal Service and our mail vendor, your health plan, the Quality Improvement Organization, the Independent Review Entity, CMS, and our technology providers. We are not responsible for their acts, omissions, delays, errors, or decisions — including a plan that ignores or contests a properly filed CMS-1696, mail that is delayed or lost in transit, or an appeal decision you disagree with. Our obligation is limited to preparing, reviewing, and mailing your appeal as described; we do not control what happens after it is delivered.
14. Service status and availability
The Service is offered on an evolving basis and may be identified as "beta." Features may change, be added, or be removed, and the Service may be unavailable, interrupted, or delayed from time to time. We do not guarantee any level of availability or uptime. Because Medicare Advantage appeals are deadline-sensitive (see Section 5), you should not rely on the Service being available at any particular moment and you remain responsible for your own deadlines.
15. Communications and consent to contact
When you use the Service, you consent to receive communications from us electronically — including by email at the address associated with your account and, where you provide a mobile number and opt in, by text message — about your appeal and your account (for example, confirmations, status updates, and service notices). These are part of the Service. If we offer text-message updates, we will obtain your express consent first, message and data rates may apply, and you may opt out by replying STOP. You may opt out of non-essential or promotional emails at any time using the unsubscribe link; we may still send you transactional or service messages necessary to provide the Service. We may record or monitor calls to or from our support line for quality and training where permitted by law.
16. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free from all unauthorized access despite our safeguards, that AI-assisted outputs will be accurate or complete, or that your appeal will achieve any particular result. No advice or information, whether oral or written, creates any warranty not expressly stated here. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.
17. Limitation of liability
In plain terms: if something goes wrong, the most we would owe you is what you paid us, except for things the law does not let us limit.
- 17.1 No indirect damages. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost savings, or loss of data, arising out of or relating to the Service or these Terms, even if we have been advised of the possibility of such damages.
- 17.2 Liability cap. Our total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us for the appeal giving rise to the claim, or (b) one hundred twenty-nine dollars ($129).
- 17.3 These limits apply regardless of the legal theory and even if a remedy fails its essential purpose. Some jurisdictions do not allow certain limitations, so some of these may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including for our own fraud, gross negligence, or willful misconduct.
- 17.4 Statutory rights preserved. Nothing in these Terms — including the limitation of liability, the disclaimer of warranties, or the dispute-resolution provisions — waives, limits, or caps any right, remedy, or damages (including statutory, multiple, or treble damages and attorneys' fees) that cannot be waived or limited under applicable law, including the New York General Business Law. To the extent any provision of these Terms would limit such a non-waivable right, that provision does not apply to that right.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Recourse and its members, officers, and personnel from third-party claims, and from resulting losses, liabilities, and reasonable expenses (including reasonable attorneys' fees), to the extent they arise out of (a) information you provided that you knew or should have known was inaccurate, incomplete, or unauthorized; (b) your material breach of these Terms; or (c) your violation of law or of the rights of any third party. We will promptly notify you of any claim for which we seek indemnification, allow you to participate in the defense, and not settle any such claim in a way that imposes obligations on you without your consent (not unreasonably withheld). This Section does not apply to liability caused by Recourse's own negligence, fraud, gross negligence, or willful misconduct, or to any claim brought directly by Recourse against you.
19. Dispute resolution; binding arbitration; class-action waiver
Please read this section carefully — it affects your legal rights. In plain terms: most disputes between you and Recourse must be resolved by an individual arbitration instead of court, you give up the right to a jury and to participate in a class action, Recourse pays most of the arbitration costs, you can still use small-claims court, and you can opt out of arbitration within 30 days.
19.1 Informal resolution first
Before starting an arbitration or small-claims case, you agree to first contact us at legal@recourse.health with a description of the dispute and the relief you seek, and to give us 60 days to try to resolve it informally.
19.2 Agreement to arbitrate
If we cannot resolve a dispute informally, you and Recourse agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, and not in court, except as stated in Sections 19.8 (small claims) and 19.9 (opt-out). The Federal Arbitration Act governs the interpretation and enforcement of this Section 19.
19.3 Delegation
You and Recourse agree that the arbitrator, and not any court or agency, has exclusive authority to resolve any dispute about the interpretation, applicability, formation, enforceability, or scope of this arbitration agreement, including any claim that all or part of it is void or voidable — except that (i) the class-action waiver in Section 19.6 and whether a claim qualifies for the small-claims exception in Section 19.8 shall be decided by a court, not the arbitrator, and (ii) a court may decide which agreement governs if more than one is asserted. This delegation provision is severable from the rest of Section 19; a challenge to this delegation provision must be directed specifically to this provision.
19.4 Administrator, rules, and fees
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms, and — where applicable — its Mass Arbitration Supplementary Rules and associated fee schedules. For any arbitration you commence, you are responsible only for the portion of the filing fee that the AAA Consumer Arbitration Rules allocate to consumers, and Recourse will pay all other arbitration fees and costs the AAA charges, including all remaining filing fees, case-management fees, and the arbitrator's fees and expenses. If the AAA's rules or fee schedule do not apply or do not so allocate, Recourse will pay the filing, administrative, and arbitrator fees for any individual claim seeking $10,000 or less, except for fees the arbitrator determines were incurred in connection with a claim or defense the arbitrator finds frivolous or brought for an improper purpose. This Section does not displace any right you may have to recover fees and costs under applicable law.
19.5 Arbitration procedure
Any in-person hearing will take place in the county where you reside or another mutually agreed location, and the arbitration may otherwise be conducted by documents, telephone, or video as the AAA Consumer Arbitration Rules allow. The arbitrator may award the same individual relief a court could.
19.6 Class-action and jury-trial waiver
(a) You and Recourse each waive the right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If the class, collective, consolidated, or representative-action waiver in this Section 19.6(a) is found unenforceable as to a particular claim, then only that claim shall be severed and proceed in court, and the parties' agreement to arbitrate all other claims on an individual basis shall remain in effect. If, and only if, the prohibition on class, collective, or representative arbitration is found unenforceable such that classwide arbitration would be compelled, then Sections 19.2–19.7 shall be null and void in their entirety as to the claims subject to that finding, and those claims shall proceed in court. No other provision of these Terms is affected.
(b) Public injunctive relief. Notwithstanding the foregoing, this Section 19.6 does not waive any right you may have to seek public injunctive relief to the extent that right cannot be waived under applicable law. If a court determines that a claim for public injunctive relief may not be waived and is not subject to arbitration, then only that claim shall be severed from arbitration and may proceed in court, and the remainder of this Section 19 shall remain in full force. This carve-out shall not trigger the non-severability provision in Section 19.6(a).
19.7 Mass and coordinated arbitrations
If 25 or more arbitration demands asserting similar claims are filed against Recourse by or with the assistance or coordination of the same or coordinated counsel or organizations, the parties agree these demands constitute a "mass arbitration" and will be administered under the AAA Mass Arbitration Supplementary Rules then in effect, including the appointment of a Process Arbitrator and Global Mediation. The applicable statutes of limitations and any contractual claim period will be tolled for all demands in the mass arbitration from the date the first demand in the group is received by the AAA until that demand is resolved or withdrawn. Filing and arbitrator fees for the mass arbitration are paid as provided in Section 19.4 and the AAA mass-arbitration fee schedules.
19.8 Small-claims exception
Either party may bring an individual claim in a small-claims court with jurisdiction instead of arbitration, so long as the matter stays in that court and on an individual basis. Whether a claim qualifies for this small-claims exception is for the court, not an arbitrator, to decide. Bringing or defending a small-claims action is not a waiver of the right to arbitrate any other claim.
19.9 Your right to opt out
You may reject this arbitration agreement (Sections 19.2–19.7, 19.10–19.13) within 30 days after you first accept these Terms. To opt out, send an email to legal@recourse.health (or mail a letter to our address in Section 24) stating (a) your full name, (b) the email address associated with your account, and (c) a clear statement that you opt out of the arbitration agreement. Opting out is free, will not affect your access to the Service, and does not affect any other part of these Terms. We will confirm your opt-out in writing within 14 days; keep a copy of your request. If you do not opt out within 30 days, you and Recourse are bound by this Section 19.
19.10 No waiver of arbitration
Neither party's participation in the informal-resolution process in Section 19.1, nor any conduct in a small-claims proceeding permitted by Section 19.8, nor delay in invoking this Section 19, shall constitute a waiver of the right to compel arbitration, except to the extent a court finds waiver under generally applicable principles of contract law.
19.11 Stays
If either party files a motion to compel arbitration, the parties agree that, on request, the court should stay (rather than dismiss) any covered claims pending arbitration, and should stay proceedings pending any appeal of an order denying arbitration.
19.12 Time to bring a claim
To the fullest extent permitted by applicable law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim accrues, or it is permanently barred. This provision does not apply where applicable law prohibits shortening the limitations period.
19.13 Confidentiality (limited)
The parties will keep the existence, content, and result of any arbitration confidential, except as needed to enforce or challenge an award, to comply with law, to pursue or defend the claim, or to seek public injunctive or other relief; nothing in this Section prevents a party from disclosing information to a government agency or from communicating about the dispute with counsel or regulators.
19.14 Governing law and venue
These Terms and any dispute are governed by the laws of the State of New York and applicable federal law (including the Federal Arbitration Act), without regard to conflict-of-laws rules. For any matter not subject to arbitration, the state and federal courts located in New York County, New York have exclusive jurisdiction, and you consent to that jurisdiction and venue. Nothing in this Section overrides any consumer-protection, health-privacy, or other law of your home state that cannot be waived by agreement.
20. Accessibility
We aim to make Recourse usable for everyone and are working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. If you have trouble using the Service or need assistance, contact us at support@recourse.health or (347) 389-3258 and we will help you complete your appeal.
21. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by posting the updated Terms with a new "Last updated" date and, where appropriate, by email). Changes apply prospectively, and your continued use of the Service after changes take effect means you accept the updated Terms.
For material changes to Section 17 (Limitation of Liability) or Section 19 (Dispute Resolution), we will give you advance notice by email and obtain your affirmative agreement before those changes apply to you; if you do not agree, the prior version of those sections continues to govern disputes arising from your existing or completed appeals.
If you do not agree to updated Terms, stop using the Service.
22. Termination
You may stop using the Service at any time. We may suspend or terminate your access, or decline to provide the Service, at our discretion — for example, if you violate these Terms, if we cannot verify your information or authority, or if your matter is outside our scope.
If you have paid for an appeal that we have not yet mailed: (a) if we terminate or decline to proceed for a reason other than your breach or your inaccurate or unauthorized information — for example, because we determine your matter is out of scope or we cannot verify your authority — we will not charge you, and if you have already been charged we will refund the $129 for that appeal; (b) if you ask us to stop before we have mailed, we may, in our discretion, refund all or part of the fee depending on the work already performed, but are not obligated to (the fee remains non-refundable as stated in Section 8); and (c) once your appeal has been certified-mailed, the Service for that appeal is complete and the fee is non-refundable.
Termination does not affect appeals already mailed, your copies, or your tracking number. On request, and as described in our Privacy Policy, you may obtain a copy of the appeal materials we prepared for you and request deletion of your information, subject to records we must retain by law or for dispute/audit purposes. Sections that by their nature should survive termination (including Sections 1, 6–11, 13, 16–19, and 24) survive.
23. How you accept these Terms
You accept these Terms by checking the box indicating your agreement when you sign your appointment form and again when you authorize payment. We retain a record of your acceptance, including the version of these Terms you accepted and the date and time. If you do not check the box, you cannot use the paid Service.
24. General
- Entire agreement. These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, and any terms presented at checkout or signing, are the entire agreement between you and us about the Service and supersede prior understandings.
- Severability. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision is modified to the minimum extent necessary (subject to Section 19.6).
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, financing, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- No third-party beneficiaries. These Terms are between you and Recourse only and create no rights in any other person.
- Interpretation. Headings are for convenience only and do not affect interpretation; "including" means "including without limitation."
- Cumulative remedies. Our rights and remedies are cumulative and not exclusive.
- Notices. Legal notices to us must be sent to legal@recourse.health. We may send notices to you at the email associated with your account. Notices we send to that email are deemed received when sent; notices you send us are deemed received when we acknowledge them or three business days after sending to legal@recourse.health, whichever is earlier.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or (except for the limited appointed-representative role in Section 4) agency relationship, and specifically does not create an attorney-client relationship.
25. Contact us
Recourse Health LLC
- Support: support@recourse.health
- Billing: billing@recourse.health
- Privacy: privacy@recourse.health
- Legal notices: legal@recourse.health
- Phone: (347) 389-3258 — Mon–Fri 9am–5pm ET