Membership Agreement

Membership Agreement

DISCOUNT DENTAL PLAN, LLC

Member’s Agreement

THIS IS NOT DENTAL INSURANCE.

THIS IS A DISCOUNT DENTAL PLAN WHICH OFFERS SUBSCRIBERS DISCOUNTS ON DENTAL VISITS AND SERVICES PROVIDED TO THEM THROUGH VARIOUS PARTICIPATING DENTISTS.

The following terms and conditions of this Member’s Agreement (“Agreement”) and Terms of Use, Refund and Cancellation Policy, govern the dental plan or dental program (“Plan or Program”) that you are purchasing through your submission of the enrollment form. All Members subscribing to a Plan or Program should read this Agreement and the incorporated Terms of Use, Refund and Cancellation Policy, carefully and communicate any questions that may arise to a Discount Dental Plan, LLC representative at:

By Phone: U.S.Postal Mail:

Toll Free – (888) 637-5564 DISCOUNT DENTAL PLAN, LLC

Fax – (888) 637-5564 244 5th Ave, Suite V200

New York, NY 10001

The Discount Dental Plan, LLC is aWyomingcorporation,1621 Central Avenue,Cheyenne,WY82001.

MEMBER’S AGREEMENT:

On behalf of yourself and your dependents, if applicable, the following are the terms and conditions of your membership, including all documents included herein by reference above.

By submitting your enrollment request form, you acknowledge that you have read and understood (on your own behalf and on behalf of your enrolled dependents) the following terms and conditions:

1. DESCRIPTION OF PROGRAM’S FEATURES:

Each Member is entitled to receive discounts on services agreed upon by the Member and Provider when using a participating provider (Provider) as set forth on the Provider List. Members are entitled to receive certain dental services from Providers at predetermined rates and for a percentage discount off the Provider’s normal retail prices for such dental services. The dental provider listings are provided directly from each dental Plan or Program, and the respective dental Plan or Program provides updates on a regular basis. Every effort has been made to ensure that only participating active providers are listed. We strongly recommend that you confirm that a provider is currently participating before you receive any services from that provider.

2. OTHER TERMS AND CONDITIONS:

The dental services eligible for discounts, and the discounted fees for the dental services included are listed in the attached list of services and are subject to change, modification or substitution by the Members Plan or Program as updated by DISCOUNT DENTAL PLAN, LLC from time to time, and Members shall receive a reasonable notification of any such change, modification or substitution by mail or electronic means. Fees for Services may vary by region. In order to receive dental services at the discounted rate, the membership must be paid to date and active and the member must present his/her Membership ID card to the Provider before dental services are rendered. Members must pay the Provider directly at the time of Service unless otherwise agreed upon between Provider and Member.

If a Member wishes to confirm whether a Plan or Program discount is available for a particular dental service, or wishes to confirm the current fee for a particular dental service, the Member may contact the Provider directly, and if any further assistance is necessary, a Discount Dental Plan, LLC representative at the toll-free number located above and/or on the Membership ID card.

3. MEMBERSHIP TERMS:

Once payment for membership is made, membership is valid for one year from the payment date. Payment may be made in one yearly installment or payable in monthly installments. Once the initial fee for Membership in the Plan or Program (Membership Fee) and any enrollment or non refundable $15 processing fee is paid and received, a Member will be entitled to all discounted dental services for the time period (Membership Term) that the Member selects at the time of purchase. The non refundable $15 processing fee is applicable in the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Wisconsin, and Wyoming. The Member will receive a Plan or Program activation notice with such activation commencing within 72 hours or sooner of the purchase and remaining in force as long as Member continues to pay required Membership Fees and otherwise complies with the terms of this Agreement. Members may select from membership terms offered at the time of activation which will include annual options. Members may change the Membership Term by calling a representative before the new Membership Term at the number located on the Membership ID card.

4. AUTOMATIC RENEWAL OF MEMBERSHIP TERM:

YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED UP TO 30 BUSINESS DAYS PRIOR TO THE EXPIRATION DATE IDENTIFIED IN YOUR ORDER CONFIRMATION. “Business Day” means any day other than a Saturday, Sunday or national legal holiday.

At the conclusion of your Membership Term, Membership in the Plan or Program will be renewed automatically unless the Member notifies Discount Dental Plan, LLC either by telephoning representative at the number on the Membership ID card or by providing written notification to Discount Dental Plan, LLC before the new Membership Term, that he/she wishes to cancel his/her Membership in the Program.

Unless you are otherwise advised in advance by Discount Dental Plan, LLC, in the event that your initial membership order is paid in the form of an electronic payment (credit card or electronic check for the withdrawal of funds from your checking account), the automatic renewal and the non refundable $15 processing fee will also be debited by the same form of electronic payment. The non refundable $15 processing fee is applicable in the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Wisconsin, and Wyoming.

In addition to providing notification to Discount Dental Plan, LLC in order to terminate the Membership, the Member also must return his/her Membership ID card to Discount Dental Plan, LLC before the new Membership term. If the Member fails to notify Discount Dental Plan, LLC in writing that the Member is terminating the Membership, Membership in the Program will be renewed automatically and the Membership Fee for an additional term will be charged against the Members credit card or by debit to the Members checking account, as applicable. If the Member paid for the previous Membership by check, then he/she will be sent a bill for the Membership Fee. Should a Member have any questions concerning the program, the continuation, or cancellation of Membership, he/she should contact a Representative at the number on the Membership ID Card.

5. CANCELLATION AND REFUND POLICY:

If a Member wishes to cancel and/or terminate his/her Membership, the Member may cancel their Membership in accordance with the Discount Dental Plan, LLC Refund Policy then in effect in the members respective state of residence.

All cancellation requests must be submitted and approved in writing or approved by telephone to the phone number on the back of the Membership ID card, no later than 15 (fifteen) days before renewal.

Once an account has renewed, Member will have 15 (fifteen) days to cancel the membership, ONLY IF the membership benefits have not been used within the 15 (fifteen) day period. In the event that dental services were provided during initial period, payment in full for said services must be processed and received prior to the cancelation taking palce. The member or participant authorizes DDP to bill for the difference in payment between the full price and the discounted plan price as to the services provided.

Any cancellation of Membership in the Plan or Program will not affect any dental services already received by a canceling Member before the effective date of the cancellation.

6. COMPLAINT PROCEDURE:

Any complaint regarding Plan or Program Membership should be directed to Discount Dental Plan, LLC representative at the toll-free number on your ID card or in writing to the address shown above.

7. MEMBERSHIP PAYMENT/BILLING:

Unless payment is made by check (other than a direct debit), payment of the initial Membership Fee and/or any renewal Membership Fee will be charged automatically against the Members credit card or by a debit to the Members checking account (depending on the payment option authorized by the Member) for the full amount of the Membership Fee for the renewal Membership Term. Members who chose to pay Membership Fees by a direct charge against the Members Credit card or by a direct debit to the Members checking account statement may not receive notice from Discount Dental Plan, LLC of a subscription payment due, rather the Member will be notified of the billing on his/her credit card or checking account statement. Each Member hereby authorizes Discount Dental Plan, LLC to bill and receive payment for the Membership Fee as set forth in the Agreement.

Discount Dental Plan, LLC reserves the right to increase the Membership Fee for a future Membership Term. In the event Discount Dental Plan, LLC increases the membership fee, the Member will be notified of the increased Membership Fee, which will be effective upon renewal of the Program Membership.

In the event that your initial membership order is paid via regular U.S. Mail in the form of a paper check or money order, it is the responsibility of the member to supply Discount Dental Plan, LLC with current payment information to process membership renewal.

In order for your membership to continue without interruption, your renewal payment must be received one month prior to the expiration date identified in your order confirmation.

Checks returned as unpaid (NSF) will be assessed a $25.00 service charge. Past due accounts that are not brought current within 15 days of the e-mail notice are subject to suspension and possible account termination.

Payment options are limited to the following: credit card, electronic check withdrawal, or paper check or money order sent regular U.S. Mail.

In the event that Discount Dental Plan, LLC attempts to automatically renew your membership but is unable to do so due to the cancellation or inactivation of your credit card or other form of electronic payment, Discount Dental Plan, LLC will notify the member through the e-mail address on record. In all events, it is the responsibility of the member to ensure that Discount Dental Plan, LLC has received payment for membership renewal one month prior to the expiration date identified in the order confirmation. Discount Dental Plan, LLC is not responsible and assumes no liability to any member for any members failure to provide Discount Dental Plan, LLC with current payment information for membership renewal.

8. MEMBER ACKNOWLEDGEMENTS:

Membership in the Plan or Program and or Members rights or duties under this Agreement may not be assigned or delegated without the prior express written consent of Discount Dental Plan, LLC and/or its licensed participating Operators. Member agrees that he/she will use his/her Plan or Program Membership only for his/her personal benefit or for the benefit of his/her Family Members (if Family Program is elected). Family Members are defined by the specific Plan or Program chosen by the Member. A Members violation of this Paragraph may, at the discretion of Discount Dental Plan, LLC and/or its licensed participating Discount Dental Plan Operators, result in immediate termination of the Plan or Program Membership. Discount Dental Plan, LLC and/or its licensed participating Discount Dental Plan Operators, bear no responsibility for the payment of or contribution to any use, sales or other tax that may be imposed on the dental services by any Federal, State or other taxing authority. Payment of such taxes will remain the sole responsibility of the Member or the Provider of the dental services, as applicable.

9. DISCLOSURE:

Member is responsible for paying Providers and/or vendors for all dental services rendered unless otherwise agreed upon by Member and Provider or vendor. Discount Dental Plan, LLC and/or its licensed participating Discount Dental Plan Operators, are in no way responsible for the dental services provided by a Provider or vendor. The Program is not insurance and it may not reduce deductibles, co-payments or other out-of-pocket expenses for dental services that are covered by insurance.

Members Plan or Program provides Member access to a network of participating dentists who are independent practicing dentists. Participating providers are independent contractors in private practice and are neither employees nor agents of DISCOUNT DENTAL PLAN, LLC and/or its parents, subsidiaries or affiliates or its licensed participating Discount Dental Plan Operators. The availability of any particular provider cannot be guaranteed, and provider network composition is subject to change without notice. Discount Dental Plan, LLC does not provide medical, dental or any other treatment and is not responsible for outcomes. All dental and/or other health care is the responsibility of the treating provider, in consultation with the Member. Your selection of the provider is also the responsibility of the Member and is not based on any representations by Discount Dental Plan, LLC.

The dentists and providers participating in the respective Plans and/or Programs have agreed to make certain services and supplies available to Members on a Reduced Fee Service basis. The term Reduced Fee Service means a service that is available to a Member at a discount from fees normally charged by the provider and for which the Member is solely financially responsible. Member understands that all payments to providers are due and payable at the time of service, unless another payment arrangement is mutually agreed upon between the Member and the treating provider. Members may be subject to the treating providers late payment and other office policies.

In order to access Reduced Fee Service rates, the Member must present his/her active Program ID card to the providers office at the time of his/her appointment In the event any of the terms and conditions hereof are violated by Member, Members participation in the Plan or Program may be terminated immediately.

10. DISCLAIMER OF WARRANTIES:

DISCOUNT DENTAL PLAN, LLC IS NOT A MERCHANT, MANUFACTURER, OR A PROVIDER OF THE DENTAL SERVICES. DISCOUNT DENTAL PLAN, LLC DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY SERVICES OR MERCHANDISE PURCHASED OR RECEIVED BY A MEMBER FROM A PROVIDER OR VENDOR THROUGH HIS/HER MEMBERSHIP IN THE PLAN OR PROGRAM. MEMBER SHOULD NOT RELY ON DISCOUNT DENTAL PLAN, LLC’s SKILL OR JUDGMENT IN SELECTING A PROVIDER OR VENDOR FOR THE SERVICES AVAILABLE TO MEMBERS. IN THE EVENT ANY PRODUCT OR SERVICE PURCHASED OR RECEIVED BY A MEMBER IS CANCELLED, MODIFIED, DEFECTIVE, OR OTHERWISE UNSATISFACTORY TO THE MEMBER, THE MEMBER WILL LOOK SOLELY TO THE PROVIDER, SELLER, MERCHANT, VENDOR OR MANUFACTURER OF THE PRODUCT OR DENTAL SERVICE FOR ANY REPAIR, EXCHANGE, REFUND OR SATISFACTION OF CLAIM.

11. GENERAL RELEASE:

Each Member, for themselves, and on behalf of any Family Member who uses the services under the Plan or Program Membership (Membership Participant), hereby forever releases, acquits and discharges each of Discount Dental Plan, LLC and its employees, officers, directors, agents and affiliates from any and all liabilities, claims, demands, actions and causes of action that such Member, Membership Participant or Members legal representative(s) may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any dental service. The sole recourse available to a Member, Membership Participant or Members legal representative(s) against DISCOUNT DENTAL PLAN, LLC will be cancellation of the Program Membership as provided in Paragraph 4.

12. NOTICES:

Any notice, consent, approval, complaint, request or other written communication given or required under this Agreement must be sent by first class mail, postage prepaid, or by an overnight delivery service such as Fed Ex or United Parcel Service, at the address shown at:

Discount Dental Plan, LLC
(888) 637-5564
244 Fifth Avenue
Suite V200
New York, NY 10001-7604

13. ENTIRE AGREEMENT:

This Agreement, taken in conjunction with the Discount Dental Plan, LLC terms of use and Cancellation Policy, which are hereby incorporated by reference, set forth the entire agreement and understanding between the parties with regard to Members Membership in the Plan or Program and constitutes a final, complete and exclusive statement of the terms of the agreement between the parties with respect to Members Membership in the Plan or Program. Any other representation, inducement, promise or agreement shall be of no force or effect.

14. VALIDITY AND ENFORCEABILITY:

The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability of any other term of this Agreement.

15. GOVERNING LAW:

Unless your state law requires otherwise, this Agreement will be governed and construed in accordance with the laws of the State of Wyoming regardless of any application or principles regarding conflicts of laws.

16. HEADINGS:

The headings or captions provided throughout this Agreement are for reference purposes only and will in no way affect the meaning or interpretation of this Agreement.

17. AMENDMENT:

Except as otherwise set forth in the Discount Dental Plan, LLC Terms of Use, this Agreement may only be amended in a writing signed or otherwise electronically acknowledged by the parties.

18. WAIVER OF BREACH:

A waiver by Discount Dental Plan, LLC of a breach of any provision of this Agreement will not be deemed a waiver by Discount Dental Plan, LLC of any other breach of the same or different provision.

SEPARATE DISCLOSURE:

Plans and Programs offered by DISCOUNT DENTAL PLAN, LLC are NOT insurance.

The program is administered by Discount Dental Plan, LLC, a Wyoming company, located at 1621 Central Avenue, Cheyenne, WY 82001.

The plan provides discounts at certain dental care providers for dental services. The plan does not make payments directly to the providers of dental services. The plan member is obligated to pay for all dental care services. The member will receive a discount from those dental providers who have contracted with the Discount Dental Plan, LLC.