Version 2026-10-20. Effective October 20, 2026.
1.1 These Terms of Use govern your use of our website at modeloptimalcare.com (the “Site”), operated by Model Optimal Care, LLC, an Arizona limited liability company (“Model Optimal Care,” “we,” “us,” or “our”).
1.2 By using the Site, you accept these Terms. If you do not accept them, do not use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind it, and you and that organization are both bound.
1.3 Our Privacy Policy, at modeloptimalcare.com/privacy-policy/, explains how we handle your personal information. It is part of these Terms.
1.4 Our other products have their own terms. MOC Fiduciary Intelligence at fiduciaryIQ.ai and The MOC Academy at MOClearn.com are governed by the terms posted on those sites, and our affiliate program is governed by its own agreement. Where those terms apply, they control over these Terms.
2.1 Sign-in to the Site is limited to people we have given a Site account, such as our staff and contractors. You sign in with MOC ID, the single sign-in Model Optimal Care uses across its products. Keep your credentials secure, and tell us at help@modeloptimalcare.com as soon as you suspect someone else has used your account.
2.2 Your account is for you alone. Do not share it. We may change or close a Site account at any time.
3.1 Prices are in US dollars and are shown before you pay. Stripe, our payment processor, processes payments by card and by the other options shown at checkout. We do not receive or store your full card or bank account number.
3.2 You are responsible for any taxes that apply to your purchase, other than taxes on our income, and for shipping charges shown at checkout.
3.3 Shipping, delivery, returns, and refunds for book orders follow the store policies posted on the Site at the time of your order: the Shipping and Delivery Policy at modeloptimalcare.com/shipping-delivery-policy/ and the Refund and Return Policy at modeloptimalcare.com/refund-return-policy/.
3.4 A coupon or promotional code applies only as stated when it is issued. It has no cash value and may not be combined with another code unless we say so.
3.5 We may refuse or cancel an order, for example where a price or product is listed in error or we suspect fraud. If we cancel an order you have paid for, we refund the amount you paid.
3.6 Contact us at orders@modeloptimalcare.com before initiating a chargeback or other payment reversal, so that we can try to resolve the problem.
4.1 The Site, its blog, and our books are education and commentary. They are not legal, tax, accounting, actuarial, insurance, investment, or benefits advice, and they do not create a professional relationship between you and Model Optimal Care.
4.2 Content describes laws, regulations, and practices as of when it was written. They change. Check current requirements and consult qualified advisors before you act for a plan or an employer.
4.3 Model Optimal Care is not a fiduciary to any plan. Reading the Site does not discharge any duty you owe under the law that governs a health plan, and it does not create a safe harbor.
5.1 You will not:
6.1 We own the Site and its content, including its text, graphics, and design, our books, the Model Optimal Care framework, and the Model Optimal Care, MOC, MOC-FI, The MOC Academy, and CP-MOC names and marks.
6.2 You may read the Site, share links to it, and quote brief passages with credit to Model Optimal Care. All other rights are reserved. You may not use our marks without our written permission.
6.3 If you send us suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.
7.1 The Site works with and links to third-party services, including Stripe for payment, ShipStation and the United States Postal Service for shipping, WorkOS for MOC ID, Google or Microsoft where people with a Site account choose them to sign in, Substack for our newsletter, Google Analytics, booksellers, and social networks. Those services are governed by their own terms. We do not control them and are not responsible for them.
8.1 If you subscribe to The MOC Brief, you agree to receive it until you unsubscribe with the link in any issue. A subscription made on Substack is also governed by Substack’s terms.
8.2 If you place an order, you agree to receive email about that order.
8.3 You agree that notices and records we provide electronically satisfy any requirement that they be in writing.
9.1 We may publish a new version of these Terms by posting it on the Site with a new effective date. A change takes effect on at least 30 days notice on the Site, or sooner where the law requires it or where it does not adversely affect your rights or obligations. Your continued use of the Site after a change takes effect means you accept it.
9.2 The terms in force when you placed an order govern that order.
10.1 The Site and its content are provided as is and as available, without warranties of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
10.2 We do not warrant that the Site will be uninterrupted or error free, or that its content is complete or current.
11.1 Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost savings, lost business opportunity, loss of good will, or lost data, regardless of the theory of liability.
11.2 Our total liability arising from these Terms or the Site will not exceed the greater of (a) the amounts you paid us through the Site in the 12 months before the event giving rise to the claim, and (b) $100.
11.3 Sections 11.1 and 11.2 do not limit your obligation to pay, your obligations under Section 12, your liability for breach of Section 5 or Section 6, or either party’s liability for fraud or for death or personal injury caused by its negligence, to the extent the law does not allow that liability to be limited. Section 11.2 does not apply to our gross negligence or willful misconduct.
11.4 Some jurisdictions limit these exclusions, so parts may not apply to you.
12.1 You will defend, indemnify, and hold harmless Model Optimal Care and its members, officers, employees, agents, contractors, and licensors from any claim, loss, liability, and expense, including reasonable legal fees, arising from your breach of these Terms or your violation of law.
13.1 Arizona law governs, without regard to conflict-of-laws rules.
13.2 Before starting a formal proceeding, the parties will try in good faith to resolve any dispute informally for 30 days. Start by writing to help@modeloptimalcare.com.
13.3 Any dispute arising out of or relating to these Terms or the Site that is not resolved under Section 13.2 will be resolved in the state or federal courts in Maricopa County, Arizona, and each party submits to their jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies.
13.4 To the extent the law allows, any claim arising out of or relating to these Terms or the Site must be started within one year after it accrues, or it is permanently barred. This does not apply to a claim for non-payment.
14.1 These Terms, with the Privacy Policy and the store policies in Section 3.3, are the entire agreement on this subject.
14.2 You may not assign these Terms without our written consent. We may assign them.
14.3 If any provision is unenforceable, the rest stays in effect. A failure to enforce a provision is not a waiver of it.
14.4 We give notice by email to an address you gave us or by posting on the Site. You give notice to help@modeloptimalcare.com and to Model Optimal Care, LLC, 5227 N 7th St, STE 93203, Phoenix, AZ 85014.
14.5 Neither party is liable for delay or failure caused by events beyond its reasonable control. This does not excuse an obligation to pay.
14.6 Headings are for convenience only. “Including” means including without limitation.
Model Optimal Care, LLC, 5227 N 7th St, STE 93203, Phoenix, AZ 85014. help@modeloptimalcare.com.
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