Patient Membership Plan Terms and Conditions
The following terms and conditions (“Terms”) govern your enrollment and participation in a Patient Membership Plan (“Membership Plan”) being offered by an independent dentist or dental practice (“Dentist”). These Terms and your enrollment in a Membership Plan constitute a binding agreement between you and Covenant Dental (the “Agreement”). If you do not agree to these Terms, do not use the Platform to enroll in a Membership Plan.
THE MEMBERSHIP PLAN IS NOT AN INSURANCE PLAN AND IS NOT INTENDED TO REPLACE DENTAL INSURANCE. THE MEMBERSHIP PLAN IS NOT A QUALIFIED HEALTH PLAN UNDER THE AFFORDABLE CARE ACT OR A MEDICARE PRESCRIPTION DRUG PLAN. THE MEMBERSHIP FEE IS NOT AN INSURANCE PREMIUM. NEITHER THE MEMBERSHIP PLAN, THE DENTIST OFFERING THE MEMBERSHIP PLAN, NOR COVENANT DENTAL ARE LICENSED INSURERS, HEALTH MAINTENANCE ORGANIZATIONS, OR OTHER UNDERWRITERS OF HEALTH CARE SERVICES. COVENANT DENTAL DOES NOT OFFER OR PROVIDE ANY MEMBERSHIP PLANS, MAKE PAYMENTS FOR A MEMBERSHIP PLAN OR ANY MEMBERSHIP FEES, OR PROVIDE OR PAY FOR ANY DENTAL SERVICES.
MEMBERSHIP PLANS:
A Membership Plan is a membership program for prepaid dental services. Membership Plans provide a set of specified dental services (“Included Services”) to patients for no out-of-pocket fees other than the Membership Fee. In addition, the Dentist offering the Membership Plan may provide a discount for some or all of the Dentist’s services that are not Included Services (“Non-Included Services”). The Membership Plan is not a dental insurance plan; it is a loyalty program between you and the Dentist. By enrolling in the Membership Plan and making payments required under the plan, you become eligible to receive the Included Services from the Dentist who offers the plan. To use the Membership Plan, simply contact your Dentist and identify yourself as a Member of their Membership Plan and schedule your appointment. As long as your Membership Fee payments are current, you will not be charged for the Included Services. You are obligated to pay your Dentist directly for any Non-Included Services that your Dentist provides to you, including any sales or use taxes imposed upon the services, in accordance with your Dentist’s payment policies. In addition to and without limiting the other terms and conditions contained herein, the following terms and conditions also apply to the Membership Plan:
- You must be current on all Membership Fees for the Membership Plan in order to receive any Included Services or discounts for any Non-Included Services.
- You may not combine a Membership Plan with any other discounts, discount plans, dental insurance (including Medicare, Medicaid, other forms of government insurance or assistance, and/or any private insurance plan or policy), or in-office promotion.
- It is possible that, during the course of treatment by a Dentist, he or she may discover a dental or health condition, such as periodontal disease, that may require further treatment – the costs associated with any further treatment are your responsibility.
- If you choose to utilize in-office financing offered by the Dentist, any discount that may be applicable to Non-Included Services may be reduced in order to offset financing costs borne by the Dentist.
- Discounts provided under the Membership Plan apply only to services provided by the Dentist and not products that the Dentist may sell or services rendered by a dentist other than the Dentist.
- Any late fees or missed-appointment fees that the Dentist may charge will still apply and will be your responsibility. You should contact the Dentist regarding any such fees or penalties.
CHANGES TO THESE TERMS AND CONDITIONS:
Covenant Dental reserves the sole right at any time to modify, discontinue, or delete portions of these Terms. We will notify you of any material changes to these Terms by email to the email address that you have registered on the Platform. It is your responsibility to check your email periodically for changes to the Terms. If you do not agree with the new Terms, you must cancel your membership and stop using the Platform Services. Your continued use of the Platform, the Platform Services and/or the Membership Plan after any changes to these Terms constitutes your acceptance of the revised Terms and Conditions.
MISCELLANEOUS:
The Agreement set forth is the entire agreement between you and us pertaining to your participation in the Membership Plan and your use of the Platform and the Platform Services. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Our delay or failure to exercise any right or provision of these Agreement shall not constitute a waiver of such right or provision. This Agreement does not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor Covenant Dental has the authority to bind the other under any contract, agreement, or otherwise. We shall not be liable for any failure to perform any of our obligations under this Agreement if the performance is prevented, hindered or delayed due to any cause beyond the reasonable control of Covenant Dental including, without limitation, unavailability of any communication system, breach or virus in the processes, sabotage, fire, flood, explosion, acts of nature, civil commotion, riots, insurrection, war, acts of government, etc. Enrollment and membership in the Membership Plan is for your own personal benefit and may not be assigned or delegated by you to any other person. Your violation of this provision, in the discretion of Covenant Dental, and/or your Dentist, may result in immediate termination of your Membership Plan membership for cause. Should you have any questions regarding your enrollment in or use of a Membership Plan, please email: [email protected]. It is your responsibility to periodically check your email for such notices.
LINKS TO OTHER WEBSITES, SOFTWARE, AND SERVICES:
The Platform may contain links to third-party software, services or websites, which may be subject to different terms and conditions and privacy practices. Covenant Dental is not responsible or liable for the content or accuracy of any third-party software, services or websites linked from the Platform. Links to such third-party software, services or websites do not imply endorsement by Covenant Dental of such software, services or websites or any association with their operators. Your interactions with any third-party software, services or websites linked from the Platform are solely between you and such third parties, and you should read the terms and conditions and privacy policy of any third-party software, service or website that you visit.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL COVENANT DENTAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, THE PLATFORM SERVICES, OR ANY THIRD-PARTY SOFTWARE, SERVICES OR WEBSITES LINKED TO THE PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM OR THE PLATFORM SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL COVENANT DENTAL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM, THE PLATFORM SERVICES, OR THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT COVENANT DENTAL HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GOVERNING LAW AND VENUE:
These Terms and the relationship between you and Covenant Dental shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts located in Tarrant County, Texas.
DISPUTE RESOLUTION:
Except for any disputes relating to intellectual property rights, obligations or any infringement claims, which we may seek to resolve through injunctive or other equitable relief, any dispute arising from or relating to the subject matter of these Terms shall be finally settled through arbitration in Tarrant County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, which are available at http://www.jamsadr.com/rules-streamlined-arbitration. The arbitrator shall be a retired judge or justice of any Texas state or federal court with substantial experience in the internet industry and shall follow Texas substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we waive any right to a jury trial. You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
