TERMS & CONDITIONS ^{ZAK DENTAL} MEMBERSHIP PLANS

TERMS AND CONDITIONS ZAK DENTAL MEMBERSHIP PLANS

The following terms and conditions (“Terms”) govern your enrollment and participation in a dental membership plan (“Dental Membership Plan”) being offered by Dr. Zak Dental Care (“Dentist”). These terms and your enrollment in a Dental Membership Plan constitute a binding agreement between you and Dr. Zak Dental Care (the “Agreement”). If you do not agree to these Terms, do not enroll in this Dental Membership Plan. THE DENTAL MEMBERSHIP PLAN IS NOT AN INSURANCE PLAN AND IS NOT INTENDED TO REPLACE DENTAL INSURANCE. THE DENTAL 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 DENTAL MEMBERSHIP PLAN, OR THE DENTIST OFFERING THE DENTAL MEMBERSHIP PLAN, ARE LICENSED INSURERS, HEALTH MAINTENANCE ORGANIZATIONS, OR OTHER UNDERWRITERS OF HEALTH CARE SERVICES. 

1. DENTAL MEMBERSHIP PLAN AND MINIMUM TERM: The Dental Membership Plan is a membership program for prepaid dental services for a Minimum Term. The Minimum Term for this Dental Membership Plan Program is one (1) calendar year, or twelve (12) months, from the time of enrollment. Dental 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 Dental Membership Plan may provide a discount for some or all of the Dentist’s services that are not Included Services (“Non-Included Services”). You must consult with the Dentist for the fees for such Non-Included Services. The Dental Membership Plan is not a dental insurance plan; it is a loyalty program between you and the Dentist. By enrolling in the Dental 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 Dental Membership Plan, simply contact the Dentist and identify yourself as a Member of their Dental 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 the Dentist directly for any Non-Included Services that the Dentist provides to you, including any sales or use taxes imposed upon the services, in accordance with the 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 Dental Membership Plan:

• You must be current on all Membership Fees for the Dental Membership Plan in order to receive any Included Services or discounts for any Non-Included Services; 
• You may not combine a Dental 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
• Discounts provided under the Dental 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.

2. ACCOUNT SIGN-UP. To enroll in a Dental Membership Plan using the zakdental.com online platform, you must open an account (the “Account”) or authorize your Dentist to open an account on your behalf. You represent that all information you provide during the Account sign-up process and at any time thereafter, for yourself and for all family members (collectively, the “Account Information”), will be true, accurate, complete, and current, and that you will promptly update your Account Information as necessary such that it is, at all times, true, accurate, complete, and current. The Platform will use and maintain your Account Information subject to and consistent with the terms set forth in our Privacy Policy. The Agreement incorporates the terms and conditions set forth in our Privacy Policy. By accessing the zakdental.com online platform and/or participating in the Dental Membership Plan, you are consenting to have your personal data and the personal data of your family members used by us as set forth in the Privacy Policy. You may enroll your spouse under your Account. You also may enroll dependent minors in the Dental Membership Plan, provided that you are the legal parent or guardian for each individual enrolled under your Account. To create an Account, you must be 18 years or older, have a unique email address, and have a payment method registered with the zakdental.com online platform. You will be required to provide your name and email address and to create a password. To access the Account, the email address and password will be required. As the Account holder, you should not reveal the Account Information to anyone else. You are responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur on or through the Account. 

3. PAYMENT TERMS AND PROCESSING. The Dentist offering the Dental Membership Plan that you choose will specify available payment plans, such as paying month-to-month or paying annually. In each case, Membership Fees will be due in advance, and your payment method on file will be billed accordingly. The zakdental.com online platform uses a third-party payment processor to collect and process all payments. In order to make payments you may be required to agree to the third-party terms and conditions and/or privacy policy. You are responsible for the timely payment of all fees. You agree that the zakdental.com online platform may process payment for all Membership Fees associated with the Dental Membership Plan that you choose using the payment method (e.g., credit card, debit card, etc.) that you have provided in your Account Information. It is your responsibility to notify the Dentist if your payment method has changed. If you do not provide a valid payment method, or if your designated payment method is determined to be inactive for any reason, the Dentist may immediately discontinue your enrollment in the Dental Membership Plan. You agree not to cause your credit or debit card company to reverse or “chargeback” any fees charged in accordance with this Agreement; and in the event you do so, we and/or the Dentist may terminate your enrollment in the Dental Membership Plan, and you agree to reimburse us and/or the Dentist for any costs incurred in responding to such chargeback, including, without limitation, our and the Dentist’s actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our and the Dentist’s employees spend on the matter as determined in our or the Dentist’s discretion in good faith. 

4. YOUR RESPONSIBILITIES UNDER THIS AGREEMENT: You are responsible for payment of your monthly membership payments and all other amounts you owe under this agreement. If the Dentist is unable to obtain payment the first time the Dentist attempts to charge your method of payment (Card), the Dentist may attempt to charge repeatedly until payment in full is received. It is your responsibility to ensure that the Card that you designate is valid at all times and has not expired. YOU ACKNOWLEDGE THAT, IF ANY PAYMENT BY CARD IS NOT COMPLETED (OR IS REVERSED) AT ANY TIME DURING THE TERM OF THIS AGREEMENT, YOUR MEMBERSHIP MAY BE SUSPENDED AND YOU WILL BE CHARGED FOR MEMBERSHIP SERVICES AT THE USUAL AND CUSTOMARY FEES OF Dr. Zak Dental Care. You may change or update the Card you designate as your payment method at any time by contacting Dr. Zak Dental Care. Failure to use the membership or your member benefits does not relieve you of responsibility for payment. In addition, regardless of the value of pre-paid services used, there are no refunds on amounts paid on any membership. 

5. AUTOMATIC RENEWAL, COOLING OFF PERIOD AND CANCELLATION PROCEDURES: 

• Auto-renewal means that at the end of the initial Minimum Term of one (1) Calendar year, you will be automatically enrolled on a month-to-month basis, paying a new initial monthly rate based on 1/12 of the then-current annual retail rate (which may be rounded up to the nearest dollar). Your membership will continue for as long as your payments are in good standing, or until your membership is canceled by you or the Dentist.  Auto-renewal is effective at the end of the initial 12-month term 
• Membership may be canceled without a Termination Fee during the Five Day Cooling Off Period.  Cooling Off Period starts the day after your initial enrollment date and ends at the end of the 5th calendar day after enrollment. 
• After the Cooling Off period, membership may not be canceled during the Minimum Term. Cancellations occurring prior to the expiration of the initial Minimum Term of 1 calendar year will incur a Termination Fee, as put forth in section 6 (Termination Fee).   After the Minimum Term, your membership in this program automatically renews each month until you cancel it. If you want to cancel, you must give notice of cancellation at least 15 days prior to the date of the last membership payment you will make. (For example, if your membership payments are due on the 15th day of each month, and want your last membership payment to be made on April 15, you must cancel your membership no later than March 31.)   To give your cancellation notice, please email contact@zakdental.com. Memberships may not be canceled by telephone, mail, or by fax or in-person at our practices. Memberships may only be canceled as described in this section. 
• The Dentist may terminate your membership in the Dental Membership Plan at any time for any reason, including for the non-payment of your Membership Fee. If a payment is not received when due, your Account will be placed into “late” status and your payment method will be retried at various intervals. If payment is not received in a timely manner, your Account and your membership in the Dental Membership Plan will become “Inactive” and all member services will be charged at your Dentist’s then-current Usual and Customer Fees at the time the services were rendered. 

6. TERMINATION FEE: If the membership of any Member is canceled after the expiration of the Five Day Cooling off period and prior to the end of the Minimum Term, you agree to pay a Termination Fee equal to the aggregate amount of the remaining monthly membership payments that would be due for that membership from the date of cancellation until the end of the Minimum Term. The Termination Fee will be charged to your Card. You are still required to pay all obligations incurred pursuant to your membership prior to the effective date of cancellation. 

7. CHANGES IN THE PRICE OF YOUR MEMBERSHIP: The monthly membership payment will not change during the Minimum Term. (However, sales taxes and other government-imposed fees are not part of the membership price and may be added or adjusted at any time without notice as required by law.) You agree that the Dentist may change your monthly membership payments any time after the expiration of the Minimum Term. The Dentist will give you notice of any change in your monthly membership payments before the new payment amount goes into effect, by sending a notice to the email address you provide. If you do not wish to continue your membership at the new payment amount, you must cancel your membership as described in the Cancellation Procedure.   When the new payment amount goes into effect, the Dentist will charge your Card for the new monthly membership payments of all Members, unless you cancel according to the terms of this agreement. You acknowledge that your monthly membership payments may be different from others’ monthly membership payments because of discounts or promotions offered to others for which you may not be eligible or which are not available at the time you sign up. 

8. REFUNDS. We do not provide refunds except for the following three (3) situations: 

• Member Cancellation during the initial FIVE (5)  Day Cooling Off Period.  If you cancel your membership in the Dental Membership Plan during the initial (5) days following your enrollment (whether such payment is a monthly payment or an annual payment) the Dentist will provide a full refund of your paid Membership Fees. NOTWITHSTANDING THE FOREGOING, IF YOU HAVE RECEIVED ANY DENTAL SERVICES UNDER YOUR DENTAL MEMBERSHIP PLAN WITHIN THE FIRST FIVE (5) DAYS AND CANCEL YOUR MEMBERSHIP IN THE DENTAL MEMBERSHIP PLAN AFTER RECEIVING THOSE SERVICES, YOUR DENTIST WILL BILL YOU FOR THE SERVICES RENDERED TO YOU AT YOUR DENTIST’S THEN-CURRENT, NON DISCOUNTED UCR (USUAL AND CUSTOMARY RATES). PAYMENT IN FULL FOR ANY SERVICES RENDERED BY YOUR DENTIST DURING THIS PERIOD WILL BE REQUIRED PRIOR TO CANCELLATION OF YOUR MEMBERSHIP IN THE DENTAL MEMBERSHIP PLAN, AND THE ISSUANCE OF A REFUND. 
• Billing Error. In order to be considered a “billing error” you must provide sufficient written documentation to demonstrate the existence of a billing error and adequate proof of the amount paid due to such error. 
• Dentist Cancelation within initial Membership Term. If the Dentist terminates your membership in a Dental Membership Plan for reason other than non payment of membership fees, or ceases offering a Dental Membership Plan, the Dentist will provide a pro rata refund to the payer on your Account. 

9. COMPLAINTS. All complaints about the dental services provided by the Dentist, the fees you were charged, or any other dissatisfaction with a Dentist, must be addressed directly with the Dentist. You may submit your complaint via our online help request system https://www.zakdental.com/help-center/

10. GOVERNING LAW; ARBITRATION. The Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of those laws’ provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Los Angeles, California, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of California, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the Agreement shall be brought and heard either in the California state courts located in Los Angeles, California, or the federal district court located in Los Angeles, California. In such an event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by first class mail, and shall be deemed effectively given upon receipt. 

11. CHANGES TO THESE TERMS AND CONDITIONS. The Dentist 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 zakdental.com online 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 within five (5) calendar days of the notice to avoid the Termination Fee. 

12. MISCELLANEOUS. The Agreement set forth is the entire agreement between you and the Dentist pertaining to your participation in the Dental Membership Plan and your use of the zakdental.com online platform and the zakdental.com online 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. 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 the Dentist 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, pandemic, war, acts of government, etc. Enrollment and membership in the Dental 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 the Dentist, may result in immediate termination of your Dental Membership Plan membership for cause. Should you have any questions regarding your enrollment in or use of a Dental Membership Plan, please call us at (562) 294-0290 between the hours of 8:00 AM and 4:00 PM Pacific Standard Time Monday through Friday. Or email: contact@zakdental.com. Any written notices or inquiries should be addressed to the Dentist as follows: Zak Dental Member Relations, 10501 Lakewood Blvd, Downey CA 90241. Any notices provided by the Dentist to the Members of any Dental Membership Plan offered by a Dentist through the zakdental.com online platform may be given by email to the email address you registered on the zakdental.com online platform. It is your responsibility to periodically check your email for such notice(s).