1. Introduction

Welcome to Skyline Health Services, LLC, an e-commerce platform registered in the State of Massachusetts (“Skyline Health Services,” “We,” “Us,” or “Our”). Our website, https://www.skylinehealthservices.net, provides a range of health-related services available through various subscription plans (collectively, “Services”).
By accessing or using our website and Services, you (“User,” “You,” or “Your”) agree to comply with and be bound by these Terms and Conditions (“Terms,” “Agreement”). These Terms govern your access to and use of the website and Services provided by Skyline Health Services, LLC. Please read these Terms carefully before using our Services.

If you do not agree with any part of these Terms, you must not access or use our Services. Your continued use of the Services following the posting of changes to the Terms will constitute your acceptance of those changes.
By using our Services, you affirm that you have read, understood, and agreed to be bound by these Terms and Conditions in their entirety. You also affirm that you are of legal age to enter into this Agreement or have obtained parental or guardian consent to do so.

2. Definitions and Interpretations

2.1 Key Definitions

(a) “Services” refers to any and all services offered through our website skylinehealthservices.net, including but not limited to health-related services available through various subscription plans.
(b) “User,” “You,” or “Your” refers to any individual, company, or entity that accesses or uses our Services.
(c) “We,” “Us,” or “Our” refers to Skyline Health Services, LLC, a company registered in the State of Massachusetts.
(d) “Terms” or “Agreement” refers to these Terms and Conditions governing the use of our Services.
(e) “Subscription” refers to a paid service provided by Skyline Health Services, LLC, on a recurring basis.
(f) “Account” refers to the account created by the User on our website to access and use our Services.

2.2 Interpretations

(a) Headings: The headings and sub-headings are included for convenience and identification purposes only and are not intended to describe, interpret, define, or limit the scope or intent of the terms of this Agreement.
(b) Singular and Plural: Words importing the singular include the plural and vice versa.
(c) Gender: Words importing one gender include all genders.
(d) Statutory References: A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or replaced.
(e) “Including”: Any use of the word “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
(f) Entire Agreement: These Terms constitute the entire Agreement between You and Skyline Health Services, LLC, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website and Services.

3. User Eligibility and Registration

3.1 Age Requirement

To register for an Account and use the Services provided by Skyline Health Services, LLC, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By registering for an Account, you represent and warrant that you meet this age requirement. If you are under the age of 18 or the age of majority, you may not register for an Account or use the Services.

3.2 User Responsibility for Account

Upon registering for an Account, you become fully responsible for maintaining the confidentiality of your Account information, including but not limited to your username and password. You agree to notify Skyline Health Services, LLC, immediately if you suspect or become aware of any
unauthorized use of your Account or any other breach of its security. You are solely responsible for all activities that occur under your Account, whether authorized by you or not.

3.3 Account Security

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data accuracy, as well as for maintaining a means for the reconstruction of any lost data. Skyline Health Services, LLC, will not be liable for any loss or damage arising from your failure to comply with these security responsibilities.

3.4 Account Deactivation

Skyline Health Services, LLC, reserves the right to deactivate or terminate your Account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

3.5 Prohibited Activities

You may not use the Account for any activities that: (i) violate any federal, state, local, or international law or regulation; (ii) exploit any part of the Services for commercial purposes without our express consent; or (iii) engage in any conduct that affects the enjoyment or use of the Services by other users in a negative manner.

By using the Services, you agree to refrain from activities that may impose an unreasonable or disproportionately large load on our infrastructure, interfere with the proper working of the Services, or attempt to bypass any measures we may use to prevent or restrict access to the Services.

4. Services and Subscriptions

4.1 Description of Available Services

Skyline Health Services, LLC, offers a variety of health-related services that are accessible through our website, skylinehealthservices.net. The Services may include, but are not limited to, consultation, monitoring, data analysis, and various subscription plans that provide differing levels of features and benefits. Each Service will have its own description, pricing, and terms, which will be provided at the time you choose to subscribe or engage with that particular Service.

4.2 Subscription Types and Billing

We offer multiple types of subscriptions, including but not limited to monthly and quarterly only for Continuous Glucose Monitors and related products that are periodically shipped and billed.

4.3 Automatic Renewal

Unless otherwise stated, your subscription will automatically renew at the end of each billing cycle as mentioned on Rx issued by your provider. If you do not wish your subscription to renew automatically, you must cancel your subscription before the end date of the current billing cycle. Notifications about upcoming renewals may be sent but are not guaranteed.

4.4 Cancellation and Termination

Your subscription will continue in effect unless and until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid billing for the next cycle. To cancel, you can follow the instructions in the Account settings or contact our customer support.

Upon cancellation or termination, you will not be eligible for a refund for any subscription fees or any unused portion of a subscription. Skyline Health Services, LLC, reserves the right to terminate your Account and subscription for violation of these Terms or any other reasons at our sole discretion.

4.5 Service Modifications

Skyline Health Services, LLC, reserves the right to modify, suspend, or discontinue any Service or subscription plan at any time, for any reason, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of a Service.

5. Payment and Refund Policy

5.1 Payment Methods

To access and use our Services, you will be required to provide a valid payment method. Accepted payment methods may include credit cards, debit cards, electronic funds transfers, and other methods as we may update from time to time. You warrant that you have the legal right to use all payment method(s) you provide to us. You may choose to bill your insurance in lieu of making a credit card or EFT payment.

5.2 Billing Authorization

By providing a payment method, you expressly authorize Skyline Health Services, LLC, to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the selected Services and usage. By initiating a subscription, you further authorize us to continue charging the provided payment method for recurring fees, including the automatic renewal of your subscription, until your subscription is canceled or terminated.

5.3 Refunds or Returns

Skyline Health Services, LLC offers a 14 day return policy for all Medical Equipment shipped and delivered by the company using a common mail carrier. In order to request a return, the patient must reach out to Skyline Health Services, LLC via phone, email or write a letter expressing the concern and mention the reason for returning the products. Per Medicare guidelines, Skyline Health Services, LLC will honor all the return requests made within 14 days from the date of delivery. Upon successfully processing the request, the patient will receive a return label by mail or by email per their preference. Once the item is received, Skyline Health Services, LLC will fill and submit an overpayment form to void any claims made to Medicare or Commercial Payer. Skyline Health Services, LLC at its discretion reserves the right to deny a return request made after 14 days from the date of delivery.

5.4 Unsuccessful Payments

If for any reason a payment is not successfully completed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts. We reserve the right to terminate or suspend your Account and access to Services for failure to pay the applicable fees.

5.5 Price Changes

Skyline Health Services, LLC, reserves the right to change the pricing for any of its Services at any time. We will provide you with prior notice of any such changes, but it is your responsibility to review such changes. Changes will not apply retroactively. Continued use of the Services after a price change constitutes your agreement to pay the changed amount.

5.6 Taxes

You are responsible for any applicable state, federal, or other taxes unless stated otherwise. These taxes will be added to the payment and will be your responsibility to pay unless the products have been billed to Medicare or a Commercial Payer.

6. Dispute Resolution and Governing Law

6.1 Governing Law

This Agreement, your use of the Services, and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules would require or permit the application of the laws of another jurisdiction.

6.2 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or in connection with this Agreement or your use of the Services shall be finally settled by binding arbitration administered by a reputable arbitration institution, in accordance with the then-applicable arbitration rules. The place of arbitration shall be in the State of Massachusetts. The arbitration will be conducted in the English language.

6.3 Arbitration Fees

The customer is responsible for all costs and fees associated with the arbitration, including but not limited to the arbitrator’s fees and administrative expenses. Such costs and fees shall be paid by the customer upfront, and are non-refundable under any circumstances.

6.4 Waiver of Class Action Rights

You and Skyline Health Services, LLC, agree that any proceedings to resolve disputes will be conducted solely on an individual basis, and that neither you nor Skyline Health Services, LLC, will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Skyline Health Services, LLC, acts or proposes to act in a representative capacity.

6.5 Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, otherwise, such claim or cause of action will be permanently barred.

6.6 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the scope of that court’s jurisdiction. Additionally, notwithstanding the obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

6.7 Litigation and Jurisdiction Restrictions

You agree that you shall not file any lawsuits against Skyline Health Services, LLC, in relation to any disputes arising out of or in connection with this Agreement or your use of the Services. All disputes shall be resolved through arbitration as set forth in this Agreement. The jurisdiction for such arbitration shall be the Northern District of the State of Massachusetts.

7. Intellectual Property

7.1 Ownership of Intellectual Property

All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, videos, and computer code (collectively, “Content”), including the design, structure, and arrangement thereof, are owned by Skyline Health Services, LLC, or its licensors. The Content is protected by copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.

7.2 Restrictions on Use

You may not copy, distribute, republish, download, display, post, or transmit any part of the Services or Content in any form or by any means without the prior written permission of Skyline Health Services, LLC, or its licensors, except as expressly permitted by these Terms.

7.3 No License Granted

Except for the limited rights set forth in these Terms, nothing in this Agreement grants you any license or right, whether by implication, estoppel, or otherwise, in or to the Content or Services. All rights not explicitly granted in these Terms are reserved by Skyline Health Services, LLC.

7.4 User-Generated Content

In the event that you submit or post any content, reviews, or data to our website or through our Services (“User-Generated Content”), you grant Skyline Health Services, LLC, a non-exclusive, perpetual, irrevocable, royalty-free, and worldwide license to use, display, and distribute said User-Generated Content for any purpose.

8. Limitation of Liability

8.1 No Warranty

The Services are provided “as is” and “as available,” without any warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Limitation on Direct Damages

To the maximum extent permitted by law, Skyline Health Services, LLC, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Services.

8.3 Cap on Liability

Under no circumstances shall Skyline Health Services, LLC’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Skyline Health Services, LLC, in the last six (6) months, or, if greater, one hundred dollars ($100).

8.4 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

9. Data Protection and Privacy

9.1 Personal Information

Skyline Health Services, LLC, is committed to respecting the privacy and confidentiality of your personal data. The collection, storage, and use of your personal data are governed by our Privacy Policy, which is available on our website.

9.2 Data Security Measures

We implement reasonable security measures to protect your personal data from unauthorized access, destruction, use, modification, or disclosure. However, no method of data transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

9.3 Third-Party Services

Our Services may include links to third-party services. We are not responsible for the privacy practices or the content of such services, and you navigate to and use them at your own risk.

9.4 Cookies and Tracking Technologies

We may use cookies and similar tracking technologies to enhance your experience on our Services. Please refer to our Privacy Policy for more information about the type of cookies and tracking technologies that we use.

9.5 Compliance with Laws

You acknowledge that Skyline Health Services, LLC, may be required to disclose your personal data as necessary to comply with legal obligations, including but not limited to, subpoenas, warrants, or other judicial orders.

10. Termination of Services

10.1 Termination by Skyline Health Services, LLC

We reserve the right to suspend or terminate your account and access to our Services at any time, for any reason, including but not limited to breaches of these Terms, without notice.

10.2 Termination by User

You may terminate your account and cease use of the Services at any time. However, all applicable fees and charges shall be non-refundable in the event of such termination, in line with our No Refunds or Returns policy as specified in section 5.3.

10.3 Effect of Termination

Upon termination, all licenses and rights granted to you in these Terms will immediately cease, and you will forfeit any and all stored rewards or credits, if applicable.

10.4 Surviving Provisions

Sections that by their nature should survive termination of these Terms shall continue in effect post-termination, including but not limited to sections on Intellectual Property, Limitation of Liability, and Dispute Resolution.

11. Miscellaneous

11.1 Entire Agreement

These Terms, along with any other policies or guidelines referenced herein, constitute the entire agreement between you and Skyline Health Services, LLC, and supersede all prior agreements or understandings, whether oral or written.

11.2 Severability

If any provision of these Terms is found by a competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.

11.3 No Waiver

Failure by Skyline Health Services, LLC, to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

11.4 Amendments

Skyline Health Services, LLC, reserves the right to amend these Terms at any time. Such amendments will be effective upon posting on the website. Your continued use of the Services constitutes acceptance of any amended terms.

11.5 Assignment

You may not assign these Terms or any rights or obligations herein without the prior written consent of Skyline Health Services, LLC. Skyline Health Services, LLC, may assign these Terms and its rights and obligations without restriction.

12. Force Majeure

12.1 Definition of Force Majeure

For the purposes of these Terms, “Force Majeure” shall mean a cause affecting the performance of either party arising from acts, events, omissions, happenings, or non-happenings beyond the reasonable control of the party, including but not limited to acts of God, riots, war or armed conflict, acts of terrorism, acts of government, local authority, or civil disturbances, malicious damage, fires, floods, extreme weather conditions, pandemic, or power failure.

12.2 Liability for Force Majeure

Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these Terms for failure or delay in fulfilling or performing any term of these Terms to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party including but not limited to those set forth in Section 13.1.

12.3 Notification

In the event of a delay due to Force Majeure, the affected party must notify the other party in writing promptly, but in any event no later than 14 days from the onset of the event. The notification must include details of the Force Majeure event, including its estimated duration and impact on the affected party’s ability to perform its obligations under these Terms.

12.4 Mitigation

Both parties shall take all reasonable steps to minimize the consequences of any Force Majeure.

13. Contact Information

13.1 Address for Notices

All notices, requests, and other communications under these Terms shall be in writing and sent to the address provided during the registration process for you.

13.2 Electronic Communication

You consent to receive electronic communications from Skyline Health Services, LLC, and agree that any notices, agreements, disclosures, or other communications sent to you electronically satisfy any legal requirement that such communications be in writing.

13.3 Customer Support

For any queries, concerns, or issues regarding these Terms or the Services, you may reach us at info@skylinehealthservices.net  or through the contact form available on our website.

14. Opt in Consent and Authorization to perform Same And Similar (SNS) check

By submitting any of the forms on the website, you explicitly grant permission to be contacted by Skyline Health Services, LLC via phone, email or text message. Upon soliciting, you may express interest in obtaining a particular Medical Equipment offered by Skyline Health Services, LLC. We may use the information collected on form and over other means of communication to reach out to your provider to establish Medical necessity, fax and obtain a signed Rx and run Same or Similar check to ensure that you haven’t received a similar product or have been billed for it by another Medicare Supplier. If a similar HCPCS code has been billed already in the past 5 years, Medicare/Commercial Payer will deny the claim. In case of a SNS check failure, Skyline Health Services, LLC will not ship the requested products unless the patient is willing to cover the costs themselves.